BILL ANALYSIS
Senate Committee on Labor and Industrial Relations
Mark DeSaulnier, Chair
Date of Hearing: June 24, 2009 2009-2010 Regular
Session
Consultant: Gideon L. Baum Fiscal:Yes
Urgency: No
Bill No: AB 485
Author: Carter
Version: April 13, 2009
SUBJECT
Civil Air Patrol: California Wing: employment leave.
KEY ISSUE
Should the Legislature require employers to provide unpaid leave
for employees who are volunteer members of the California Wing
of the Civil Air Patrol when they respond to an authorized
emergency operational mission, as well as prohibit employer
discrimination against any employee who is a member of the Civil
Air Patrol?
PURPOSE
To provide job protection and unpaid leave in the event of an
emergency operational mission for members of the Civil Air
Patrol.
ANALYSIS
Existing federal law , known as The Uniformed Services Employment
and Reemployment Rights Act (USERRA), prohibits an employer from
denying any benefit of employment on the basis of an
individual's membership, application for membership, performance
of service, application for service, or obligation for service
in the uniformed services. USERRA also requires that employers
rehire a veteran, reservist, or National Guard member after
being absent due to military service or training, assuming the
absence has been less than five years and the employee notified
the employer either verbally or in writing of the upcoming
deployment.
Existing federal and state laws, known as the federal Family
Medical Leave Act (FMLA) and the California Family Rights Act
(CFRA), require all employers with 50 or more employees within a
75 mile radius to grant 12 weeks of unpaid family leave in a
12-month period to any employee who is eligible. This leave can
be taken by an employee for the purposes of child birth, care of
a newly adopted child or newly placed foster child, and serious
health conditions for the employee, the employee's spouse or
registered domestic partner, or for the employee's parent. With
certain exceptions, the employee taking the leave must be
reinstated.
Existing state law allows the spouses of service members of the
armed forces to take up to 10 days of unpaid leave when their
spouse is on qualified leave from military deployment.
Existing state law provides that a state employee who is called
into service by the Office of Emergency Services is entitled to
paid administrative time off from his or her appointing power.
The administrative time off cannot exceed to 10 calendar days
per fiscal year, nor can a mission exceed 3 days, unless an
extension of time is granted by the Office of Emergency Services
and the appointing power. This provision of law specifically
covers a state employee who participates in the California Wing
of the Civil Air Patrol. [Government Code 19844.5]
This Bill would create the Civil Air Patrol Employment
Protection Act, which would require an employer with more than
15 employees to provide not less than 15 days per calendar year
of unpaid leave to an employee responding to an emergency
operational mission of the California Wing of Civil Air Patrol
(CAP), as specified.
In order to qualify for this leave, the employee must:
a) Be employed by the employer for at least a 90-day period
immediately preceding the commencement of leave; and
b) Give the employer as much notice as possible of the
intended date upon which the Civil Air Patrol leave will
begin and end.
Hearing Date: June 24, 2009 AB 485
Consultant: Gideon L. Baum Page 2
Senate Committee on Labor and Industrial Relations
This bill allows an employer to require certification from the
proper Civil Air Patrol (CAP) authority to verify employee
eligibility for leave, and provides that the employer may deny
the leave to be taken as CAP leave if the employee fails to
provide the required certification.
This bill specifies that an employee taking leave shall not be
required to exhaust accrued vacation leave, personal leave,
compensatory leave, sick leave, disability leave or other leave,
but does not prohibit an employer from providing paid leave to
the employee for taking such leave.
This bill requires an employer to restore an employee to the
position held by him or her when the leave began, or to a
position with equivalent seniority status, employee benefits,
pay and other terms and conditions of employment, and prohibits
an employer with more than 15 employees from:
a) Discriminating against or discharging a member of the
Civil Air Patrol (CAP) due to the employee's membership in
CAP and shall not hinder or prevent a member from
performing service as part of the California Wing of CAP
during an emergency operational mission.
b) Discharging, fining, suspending, expelling, disciplining
or in any other manner discriminating against an employee
who exercises a right under this bill or opposes an
unlawful practice under this bill.
However, an employer may decline to restore an employee because
of conditions unrelated to their exercise of rights under this
bill.
COMMENTS
1. What is the Civil Air Patrol (CAP), and what is the need for
this bill?
The Civil Air Patrol (CAP) was formed on December 1, 1941 as a
voluntary civilian organization for the civil defense of the
United States. After Pearl Harbor, the Civil Air Patrol
Hearing Date: June 24, 2009 AB 485
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Senate Committee on Labor and Industrial Relations
defended America's coastal regions, including anti-submarine
patrols. In 1946, President Truman signed Public Law 946,
which established the Civil Air Patrol as a federally charted
civilian corporation.
Since that time, the Civil Air Patrol (CAP) has three
congressionally mandated missions: Aerospace Education, Cadet
Programs and Emergency Services. CAP is organized into eight
geographic regions and 52 wing groups. The California Wing of
the CAP is a member of the Pacific Region and consists of
seven groups, approximately 80 squadrons, and nearly 4,000
individual members. All members of California Wing CAP are
unpaid civilian volunteers.
In terms of emergency services, the California Wing of the
Civil Air Patrol conducts search and rescue missions, disaster
relief, and humanitarian services in conjunction with the Red
Cross, including blood and tissue transportation. The Civil
Air Patrol reports that so far this year they have
participated in two emergency missions. As most emergency
missions involve stressful flight conditions, most volunteers
spend a few days on the mission before they are replaced by
other Civil Air Patrol volunteers and sent home.
AB 485 would provide protected leave for members of the Civil
Air Patrol engaging in volunteer emergency operations, as well
as protection from discrimination due to membership in the
Civil Air Patrol.
2. Double Referral to the Senate Judiciary Committee:
If AB 485 is passed out of the Senate Labor Committee, it will
next be heard by the Senate Judiciary Committee.
3. Possible Amendments:
As was noted earlier in this analysis, state employees that
volunteer with the Civil Air Patrol are allowed up to 10
administrative days off each fiscal year if they are called
into service for emergency missions, with leave for each
mission limited to 3 days. The Committee may want to consider
similarly limiting the leave provided in this bill to 10 days
Hearing Date: June 24, 2009 AB 485
Consultant: Gideon L. Baum Page 4
Senate Committee on Labor and Industrial Relations
per year and 3 days per mission.
4. Proponent Arguments :
The sponsor of this bill, the California Wing of the Civil Air
Patrol, report that their members provide many hours of
non-compensated time in support of various activities, AB 485
would only apply when the United States Air Force, California
Emergency Management Agency, or other subdivision of the state
declares an emergency, which would only occur in the event of
a mission that involves the saving or protection of life and
property. The sponsor concludes by arguing that AB 485 will
allow the most experienced Civil Air Patrol volunteers to
respond to an emergency mission without adverse impacts on
their employment.
5. Opponent Arguments :
None received.
6. Prior Legislation :
AB 392 (Lieu), Statues of 2007, Chapter 361, allows the
spouses of service members of the armed forces to take up to
10 days of unpaid leave when their spouse is on qualified
leave from military deployment.
SUPPORT
California Wing of the Civil Air Patrol (Sponsor)
Raymond F. Spengler, Jr., Lt. Col. CAP NORCAL Group 5 Commander,
Sacramento, Calif.
OPPOSITION
None received.
* * *
Hearing Date: June 24, 2009 AB 485
Consultant: Gideon L. Baum Page 5
Senate Committee on Labor and Industrial Relations