The
California Legislature has created yet another form of protected leave
for employees. Effective January 1, 2010, employers who employ 15 or
more employees are required to provide up to 10 days of unpaid leave to
employees who are members of the California Wing of the Civil Air
Patrol. This FAQ provides an overview of the key provisions.
Who is Eligible?
• The employee must have worked for the employer for at least 90 days immediately prior to taking leave;
• The
employee must be a volunteer member of the California Wing of the
civilian auxiliary of the U.S. Air Force (commonly known as the Civil
Air Patrol); and
• The
employee has been duly directed and authorized to respond to an
emergency operational mission, (within or outside of the state) of the
California Wing of the Civil Air Patrol.
How Much Leave?
• Employers must provide no less than 10 days of unpaid leave, per calendar year, to eligible employees.
• 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 agency that authorized the emergency operational mission
and the extension of the leave is approved by the employer.
Other Requirements?
• The employee is required to provide the employer with "as much notice as possible" of the proposed leave dates.
• The employer may require the employee to submit certification from the Civil Air Patrol authority of the need for time off.
• Employers must allow an eligible employee to use accrued paid leave benefits during the leave.
• Employers must restore eligible employees to the same or equivalent position at the conclusion of the leave.
Your
contact at the Firm is ready to assist you if you have any questions
about this topic or other legally mandated employee leaves of absence.
For more information, call us today at (818) 508-3700,
or visit us on the web, at www.brgslaw.com.
Sincerely,
Richard S. Rosenberg
Partner
BRG&S, LLP
