Part 5. Civil Air Patrol of California Labor Code >> Division 2. >> Part 5.
This part shall be known and may be cited as the Civil Air
Patrol Employment Protection Act.
In this part, the following terms have the following
(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.
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.
(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
(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.
(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.
(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
(a) An employer shall not interfere with, restrain, or deny
the exercise or the attempt to exercise a right established by this
(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.
(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.