BILL NUMBER: AB 485 CHAPTERED
BILL TEXT
CHAPTER 242
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 1, 2009
PASSED THE ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JULY 14, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Carter
FEBRUARY 24, 2009
An act to add Part 5 (commencing with Section 1500) to Division 2
of the Labor Code, relating to the Civil Air Patrol.
LEGISLATIVE COUNSEL'S DIGEST
AB 485, Carter. Civil Air Patrol: California Wing: employment
leave.
Existing federal law establishes the Civil Air Patrol as the
civilian auxiliary of the United States Air Force. Existing state and
federal law establish leave provisions for members of the Armed
Forces of the United States, the reserve components of the Armed
Forces of the United States, and the National Guard.
This bill would require employers employing more than 15 employees
to provide not less than 10 days per year of leave, beyond any leave
benefits otherwise available to employees, to employees who have
been employed by that employer for at least 90 days immediately
preceding the commencement of leave, who are volunteer members of the
California Wing of the Civil Air Patrol, and who have been duly
directed and authorized by a political entity that has the authority
to authorize an emergency operational mission of the California Wing
of the Civil Air Patrol, to respond to an emergency operational
mission of the California Wing of the Civil Air Patrol. The employee
would be required to give the employer as much notice as possible of
the intended dates upon which the leave would begin and end. The bill
would require an employer, upon expiration of the Civil Air Patrol
leave taken by an employee, to restore the employee to the position
he or she held when the leave began or to a position with equivalent
seniority status, employee benefits, pay, and other terms and
conditions of employment, unless the employee is not restored because
of conditions unrelated to the exercise of the leave rights by the
employee. The bill would provide that an employer is not required to
grant Civil Air Patrol leave to Civil Air Patrol employees who are
required to respond as first responders or disaster service workers
for a local, state, or federal agency to the same or a simultaneous
emergency operational mission.
The bill would authorize an employee to bring a civil action in
the superior court of the appropriate county to enforce the Civil Air
Patrol leave rights. The court would be authorized to enjoin any act
or practice that violates the Civil Air Patrol leave provisions and
to order any equitable relief necessary and appropriate to redress
the violation or to enforce the Civil Air Patrol leave rights.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 5 (commencing with Section 1500) is added to
Division 2 of the Labor Code, to read:
PART 5. Civil Air Patrol
1500. This part shall be known and may be cited as the Civil Air
Patrol Employment Protection Act.
1501. In this part, the following terms have the following
meanings:
(a) "Civil Air Patrol leave" means leave requested by an employee
who is a volunteer member of the California Wing of the civilian
auxiliary of the United States Air Force commonly known as the Civil
Air Patrol and who has been duly directed and authorized by the
United States Air Force, the California Emergency Management Agency,
or other political subdivision of the State of California that has
the authority to authorize an emergency operational mission of the
California Wing of the Civil Air Patrol, to respond to an emergency
operational mission, within or outside of the state, of the
California Wing of the Civil Air Patrol.
(b) "Employee" means a person who may be permitted, required, or
directed by an employer for wages or pay to engage in any employment
and who has been employed by that employer for at least a 90-day
period immediately preceding the commencement of leave, if otherwise
eligible for leave.
(c) "Employee benefits" means all benefits, other than salary and
wages, provided or made available to an employee by an employer and
includes group life insurance, health insurance, disability
insurance, and pensions, regardless of whether benefits are provided
by a policy or practice of an employer.
(d) "Employer" means any person, partnership, corporation,
association, or other business entity; or the State of California, a
municipality, or other unit of local government; that employs more
than 15 employees.
1502. An employer shall not discriminate against or discharge
from employment a member of the Civil Air Patrol because of such
membership and shall not hinder or prevent a member from performing
service as part of the California Wing of the Civil Air Patrol during
an emergency operational mission of the California Wing of the Civil
Air Patrol for which a member is entitled to leave under this part.
1503. (a) (1) An employer shall provide not less than 10 days per
calendar year of unpaid Civil Air Patrol leave to an employee
responding to an emergency operational mission of the California Wing
of the Civil Air Patrol. Civil Air Patrol leave for a single
emergency operational mission shall not exceed three days, unless an
extension of time is granted by the governmental entity that
authorized the emergency operational mission, and the extension of
the leave is approved by the employer.
(2) Notwithstanding paragraph (1), an employer is not required to
grant Civil Air Patrol leave to an employee who is required to
respond to either the same or other simultaneous emergency
operational mission as a first responder or disaster service worker
for a local, state, or federal agency.
(b) (1) An employee shall give the employer as much notice as
possible of the intended dates upon which the Civil Air Patrol leave
will begin and end.
(2) An employer may require certification from the proper Civil
Air Patrol authority to verify the eligibility of the employee for
the leave requested or taken. The employer may deny the leave to be
taken as Civil Air Patrol leave if the employee fails to provide the
required certification.
(c) An employee taking leave under this part shall not be required
to exhaust all accrued vacation leave, personal leave, compensatory
leave, sick leave, disability leave, and any other leave that may be
available to the employee in order to take Civil Air Patrol leave.
(d) Nothing in this act prevents an employer from providing paid
leave for leave taken pursuant to this part.
1504. (a) An employer shall, upon expiration of a leave
authorized by this part, 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. An employer may decline to restore an
employee as required in this subdivision because of conditions
unrelated to the exercise of rights under this part by the employee.
(b) An employer and an employee may negotiate for the employer to
maintain the benefits of the employee at the expense of the employer
during the leave.
1505. (a) Taking Civil Air Patrol leave under this part shall not
result in the loss of an employee benefit accrued before the date on
which the leave began.
(b) This part does not affect the obligation of an employer to
comply with any collective bargaining agreement or employee benefit
plan that provides greater leave rights to employees than the rights
provided under this part.
(c) The rights provided under this part shall not be diminished by
any collective bargaining agreement or employee benefit plan entered
into on or after January 1, 2010.
(d) This part does not affect or diminish the contract rights or
seniority status of an employee not entitled to Civil Air Patrol
leave.
1506. (a) An employer shall not interfere with, restrain, or deny
the exercise or the attempt to exercise a right established by this
part.
(b) An employer shall not discharge, fine, suspend, expel,
discipline, or in any other manner discriminate against an employee
who does any of the following:
(1) Exercises a right provided under this part.
(2) Opposes a practice made unlawful by this part.
1507. (a) An employee may bring a civil action in the superior
court of the appropriate county to enforce this part.
(b) The court may enjoin any act or practice that violates this
part and may order any equitable relief necessary and appropriate to
redress the violation or to enforce this part.