CALIFORNIA CIVIL AIR PATROL ACT

The Civil Air Patrol Employment Protection Act was enacted in 2009. It can be found atCalifornia Labor Code Sections 1503-1507. It requires employers to provide up to 10unpaid days off per year if an employee is responding to an emergency operationalmission of the California Wing of the Civil Air Patrol. If the employer wishes, they canmake this a paid leave.

Civil Air Patrol leave for a single emergency operational mission shall not exceed threedays, unless an extension of time is granted by the governmental entity that authorizedthe emergency operational mission, and the extension of the leave is approved by theemployer. An employer is not required to grant Civil Air Patrol leave to an employee whois required to respond to either the same or other simultaneous emergency operationalmissions as a first responder or disaster service worker for a local, state, or federalagency.

An employee shall give the employer as much notice as possible of the intended datesupon which the Civil Air Patrol leave will begin and end. An employer may requirecertification from the proper Civil Air Patrol authority to verify the eligibility of theemployee for the leave requested or taken. The employer may deny the leave to betaken as Civil Air Patrol leave if the employee fails to provide the required certification.An employee taking Civil Patrol leave shall not be required to exhaust all accruedvacation leave, personal leave, compensatory leave, sick leave, disability leave, andany other leave that may be available to the employee in order to take Civil Air Patrolleave.

If a Civil Patrol leave is granted, the employee is entitled to reinstatement at theirposition. The same seniority should be given. Benefits are supposed to continue toaccrue during these leaves. The need for an employment lawyer exists if the employeeis not reinstated, or is given an inferior job upon return from this protected leave.Speak to a California Labor Lawyer at 951-367-1000 if you were fired due to Civil AirPatrol duty, or any military obligation.

MILITARY LEAVE AND PRIVATE EMPLOYMENT

Employees who are in the military are entitled to military leave. This includes employeesin the reserves, national guard, FEMA reservists, and employees who are required toundergo military training exercises, but are not deployed. Employees who are notreinstated, or terminated due to a military obligation should consult an employmentlawyer.

FMLA LEAVE TO CARE TO SICK OR INJURED MILITARY FAMILY MEMBER

For employees who have:

1. Worked at an employer that employees 5 or moreemployees

2. Wrked 1,250 or more hours in the last year, FMLA coverage can be used to care for a family member suffering frommilitary injuries, or yourself if you are suffering from military injuries. FMLA leave is up to12 weeks in a 12-week period. Exactly which family members are covered byCalifornia’s version of FMLA, the California Family Rights Act (CFRA), is something bestspoken to with a FMLA lawyer.

The CFRA/FMLA covers an employee who is suffering psychological and physicalinjuries due to military service. If the leave is taken to care for a family member, thegeneral rules relating to CFRA/FMLA leaves apply. The employee has to be actuallytaking care of the family member. Merely sitting in a room for moral support may not bea covered event under CFRA/FMLA unless a doctor or therapist has specifically orderedthat form of treatment.

Military injuries may also involve disability rights which entitle employees to be out ofwork for longer than the CFRA/FMLA. Leave of absence rights are complex andfactually based, including whether doctor’s notes were provided to the employer andhow many times the affected individual went to a doctor. For these reasons, you need tocontact an experienced FMLA lawyer at 951-367-1000 to determine if you have a case.This article is only intended to inform employees there are rights they may have. It is fora lawyer to determine if an employee is actually entitled to a FMLA or military leave.Contact 951-367-1000.