Current law requires an employer to grant to an employee a leave of absence
from employment without pay for certain purposes, including to vote, serve as an
election official, serve on a jury, and testify in a criminal proceeding. Current law also
requires a state agency to grant to a state employee a leave of absence with pay for
certain purposes, including to serve as a bone marrow or organ donor, attend national
guard or military reserves training, report for a preinduction physical for military
service, serve on a jury, and compete in promotional examinations or interviews. In
addition, current law permits a state agency to grant to a state employee a leave of
absence with pay to allow the state employee to participate in providing specialized
disaster relief services for the American Red Cross.

Moreover, current law prohibits discrimination in employment on the basis of
military service, which includes refusing to hire or employ an individual,
terminating an individual from employment, or discriminating against an
individual in promotion, in compensation, or in the terms, conditions, or privileges
of employment because the individual is or applies to be a member of the U.S. armed

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forces, the state defense force, the national guard, or any reserve component of the
U.S. armed forces or because the individual performs, has performed, applies to
perform, or has an obligation to perform service in the U.S. armed forces, the state
defense force, the national guard, or any reserve component of the U.S. armed forces.

This bill requires an employer employing at least 11 individuals on a
permanent basis to grant a leave of absence without pay of not more than five
consecutive workdays or more than 15 workdays in a year to an employee to allow
the employee to participate in an emergency service operation of the Civil Air Patrol,
that is, a search and rescue mission, an operation to provide disaster relief or
humanitarian services, or an operation in support of the U.S. air force, if all of the
following apply:

1. The employee is a member of the Civil Air Patrol.

2. Prior to the emergency service operation, the employee notifies the employer
in writing that the employee is a member of the Civil Air Patrol.

3. For an emergency service operation that begins before the employee is
required to report for work, the employee provides a written statement from the
employee's commander certifying that the employee was participating in an
emergency service operation at the time of the leave of absence, if required by the
employer.

4. For an emergency service operation that begins after the employee reports
for work, the employee, in addition to providing that written statement if required
by the employer, secures authorization from the employer to leave work before
leaving to participate in the emergency service operation.

5. The leave of absence does not unduly disrupt the operations of the employer.

In addition, the bill prohibits discrimination in employment on the basis of
membership in the Civil Air Patrol. Specifically, the bill prohibits an employer or any
other person from: 1) refusing to hire or employ an individual, terminating an
individual from employment, or discriminating against an individual in promotion,
in compensation, or in the terms, conditions, or privileges of employment because the
individual is or applies to be a member of the Civil Air Patrol or because the
individual performs, has performed, applies to perform, or has an obligation to
perform service in the Civil Air Patrol; and 2) printing or circulating any statement,
advertisement, or publication, or using any form or application for employment or
making any inquiry in connection with prospective employment, that implies or
expresses any limitation, specification, or discrimination with respect to an
individual or any intent to make such a limitation, specification, or discrimination
because the individual is or applies to be a member of the Civil Air Patrol or because
the individual performs, has performed, applies to perform, or has an obligation to
perform service in the Civil Air Patrol.

The bill also prohibits an employer or other person from interfering with,
restraining, or denying the exercise of the right of an employee to take a leave of
absence to participate in an emergency service operation of the Civil Air Patrol and
from discharging or discriminating against an employee in promotion, in
compensation, or in the terms, conditions, or privileges of employment for taking
such a leave of absence; opposing a discharge or discrimination in violation of the bill;

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filing a complaint or attempting to enforce a right under the bill; or testifying or
assisting in any action or proceeding to enforce a right under the bill.

An employee whose right to take a leave of absence to participate in an
emergency service operation of the Civil Air Patrol is interfered with, restrained, or
denied or who is refused employment, terminated, discharged, or discriminated
against in violation of the bill may file a complaint with the Department of Workforce
Development (DWD), and DWD must process the complaint in the same manner that
employment discrimination complaints are processed under current law. If DWD
finds that an employer or other person has interfered with, restrained, or denied the
right of an employee to take a leave of absence to participate in an emergency service
operation of the Civil Air Patrol or has refused employment to, terminated,
discharged, or discriminated against an employee in violation of the bill, DWD may
order the employer or other person to take action to remedy the violation, including
granting that leave of absence, reinstating the employee, providing compensation in
lieu of reinstatement, providing back pay accrued not more than two years before the
complaint was filed, and paying reasonable actual costs and attorney fees to the
complainant.