MILITARY LEAVE FOR CAP AFAM

[wingnut]

If I might ask

How many of you get Military Leave for CAP while on an AFAM

I know several States have it in the Law

1. California does For State Employee, some county and State Agencies allow it.
2  Iowa?
3. Arkansas?
4. New Mexico?
5.In Arizona  I met some members where their  City and County agency gave them time off  with pay.

The point of this Topic is not to Debate if this is correct or Legal,  but the  idea of providing a quick response force to the USAF would depend on having members who can leave their job on a short notice.
Recruiting skilled Pilots and Technicians (Archer, SDIS, PHOTO Recon  operators for example) is dependent on their availability for missions that could last 3 or more days.

[isuhawkeye]

Iowa does have such a law in place.

In order to activate the following must happen

1.  A formal mission request has to be generated to the wing CC.  This request can be from either state or federal authorities. 

2.  The wing Commander issues orders activating the members involved in the mission. 

Members who fall under the activation are guaranteed the same provisions as the military.  In our case a new CAP specific legislation was NOT developed.  The national guard added CAP to their existing protection. 

Employees will not lose their job, sick, or vacation time.

This is an excellent situation, but it specifically does not get us paid for our volunteer work.   

[floridacyclist]

In Florida, we do not meet the definition of uniformed military as we are not paid nor is our response mandatory, so we do not have protection through USERRA. However we are working on a bill that just went to the governor as part of a package from Division of Emergency Management to extend the Red Cross Disaster Leave Law to other volunteers. I am not doing this as a member of CAP, but as an active volunteer who is known at the EOC mainly for ham radio response, coordination, and training.

The Red cross Disaster Leave Law specifically grants up to 15 days of paid admin leave to state employees who are certified members of the American Red Cross and respond to volunteer during a declared disaster. The newly-proposed bill reads pretty much the same, only replacing "certified members of ARC" with "volunteers who are dispatched by and are under the control of a federal, state, or local government agency having jurisdiction over their home or workplace within the state of Florida" and replacing "declared disaster" with "documented emergency". So far, this proposed bill has the support of DEM and many volunteer agencies (Volunteer Florida, ARES, etc) as it does not single out any particular group, but rather anyone who has government backing; in the state of FL, anyone responding to a disaster should have a Tracker number to be considered bona fide, so they would be covered.

Tracker is like a helpdesk ticket request program; the agency in need inputs the request for aerial recon of an area and the person fulfilling the request (say the CAP AL) assigns the tracker to an aircrew and updates the request as being filled. Under the proposed new law, personnel deploying on a Tracker request, a gov't-assigned mission number (state or AFRCC) or even volunteer firefighters being called out by a county dispatcher would all be covered.

If this goes through, our next effort will be to work on a bill prohibiting private employers from firing, demoting, punishing or otherwise retaliating against an employee who responds as a "volunteer who is dispatched by and is under the control of a federal, state, or local government agency having jurisdiction over their home or workplace within the state of Florida for up to 15 days annually during documented emergencies" unless loss of this employee results in a proven hardship to the employer.

We felt that the last part was an important protection for smaller companies who may not have the depth to cover an employee's extended absence, especially if they have more than one employee out at the same time, yet the burden of proof is still on the employer to prove that there is a real hardship - such as two guys being the only ones who are certified widget operators and both being in CAP and wanting to deploy at the same time. I'm sure the lawyers will clean up the language a little, but you get the gist of our proposals.

[DrJbdm]

 Actually what CAP needs is national protection...the same as the National Guard. Iowa has it done right, we should be covered under the National Guards Federal job protections, this way every state has the same protections in place.

  As it stands now, every state does it differently, most do not have any job protections, others are just for State Employees.

[ddelaney103]

You can also get leave through your employer.

WIWA AF Civilian, the leave rules included the possibility of administrative leave for volunteer work and CAP was mentioned by name.

When you sign up for a new job, part of the negotiation can include asking for admin time for CAP.

[floridacyclist]

Actually what CAP needs is national protection...the same as the National Guard. Iowa has it done right, we should be covered under the National Guards Federal job protections, this way every state has the same protections in place.

  As it stands now, every state does it differently, most do not have any job protections, others are just for State Employees.

I agree, but I live in Tallahassee, not Washington, plus I have lost much more time to deployment for the gov't as a ham operator than as  a CAP member.

We have the same issues with our DMAT team. When deployed as a federal resource, we are covered under USERRA, but when the state deploys us under ESF8 as the State Medical Response Team, we're pretty much in the breeze and hoping we have enough vacation time.

To add insult to injury, as a state employee, we often end up taking vacation time to work for our employer.

[RiverAux]

there was an article on this in the volunteer recently.

[isuhawkeye]

yes there was 

I was quoted in it 

[flyguy06]

So, if a CAP member is also in the national Guard, he would eat up his time very quickly. Most employers only give 18 days military leave. Thats barely enough since we drill 39 days a year.

[Laplace]

Here in Louisiana, state employees get up to 15 working days a year off with pay for CAP.  The applicable time is broad and the statute reads:

"§394.  Leave of absence for officers and employees in certain branches of armed forces

All officers and employees of the state, or of any parish, city, town, political subdivision, unit, or any state institution thereof, who are members of the Officers' Reserve Corps of the Army of the United States, the National Guard of the United States, the Naval Reserve Corps, the Marine Corps Reserve, the Air Force Reserve, the Citizens Military Training Corps, or the Civil Air Patrol, either as officers or enlisted men, are entitled to leave of absence from their respective duties, without loss of pay, time, annual leave, or efficiency rating, on all days during which they are ordered to duty with troops or at field exercises, or for instruction, for periods not to exceed fifteen days in any one calendar year; and when relieved from duty, they are to be restored to the positions held by them when ordered to duty."   

I've used it a few times, and was only questioned the first time.   My HR Dept wanted my orders, but a letter from my Sqd CC mentioning the CD mission & mission number sufficed.  This was the days before OPSEC! 

As the only CAP member in a 550 person department, I use those opportunities to educate and recruit.   

[lordmonar]

The USAF allows commanders to authorise up 3 day IIRC of "Permissive TDY" for SAR support.  You can also get PTDY for encampments and national cadet activities.

[wingnut]

This all very interesting

I remember at one time Federal Civil Service Employees where allowed time off with Pay for CAP SAR missions, but I have heard that has changed.

It seems each state offers different benefits for CAP service (Workers Comp etc)
it would be helpful if we developed a document showing a breakdown for each state. 

If you are aware of the State laws please provide a citation and I will start an Excel spread sheet. It will help with recruitment and some states are or will be working on laws to help CAP members. They may be able to site parallel work done in other states. Of course this could all be a simple pen stroke from the Commander in Chief.

[isuhawkeye]

Ive posted the Iowa information several times

[flyguy06]

Here in Louisiana, state employees get up to 15 working days a year off with pay for CAP.  The applicable time is broad and the statute reads:

"§394.  Leave of absence for officers and employees in certain branches of armed forces

All officers and employees of the state, or of any parish, city, town, political subdivision, unit, or any state institution thereof, who are members of the Officers' Reserve Corps of the Army of the United States, the National Guard of the United States, the Naval Reserve Corps, the Marine Corps Reserve, the Air Force Reserve, the Citizens Military Training Corps, or the Civil Air Patrol, either as officers or enlisted men, are entitled to leave of absence from their respective duties, without loss of pay, time, annual leave, or efficiency rating, on all days during which they are ordered to duty with troops or at field exercises, or for instruction, for periods not to exceed fifteen days in any one calendar year; and when relieved from duty, they are to be restored to the positions held by them when ordered to duty."   

I've used it a few times, and was only questioned the first time.   My HR Dept wanted my orders, but a letter from my Sqd CC mentioning the CD mission & mission number sufficed.  This was the days before OPSEC! 

As the only CAP member in a 550 person department, I use those opportunities to educate and recruit.   

So, enlisted women are exempt from this law?

[jimmydeanno]

So, enlisted women are exempt from this law?

I hope that was sarcastic...

I take the term "enlisted men" to be similar to "Airmen" and not gender specific...

[floridacyclist]

So, if a CAP member is also in the national Guard, he would eat up his time very quickly. Most employers only give 18 days military leave. Thats barely enough since we drill 39 days a year.

We're talking about handling volunteer leave seperately from military leave.

[riffraff]

New Hampshire laws do not allow for 'voluntary' military leave. By definition, an AFAM would be something a CAP member voluntarily chooses to do. CAP is pretty much on the same footing as volunteer firemen and EMTs -- at least in NH.

[Flying Pig]

If I might ask

How many of you get Military Leave for CAP while on an AFAM

I know several States have it in the Law

1. California does For State Employee, some county and State Agencies allow it.
2  Iowa?
3. Arkansas?
4. New Mexico?
5.In Arizona  I met some members where their  City and County agency gave them time off  with pay.

The point of this Topic is not to Debate if this is correct or Legal,  but the  idea of providing a quick response force to the USAF would depend on having members who can leave their job on a short notice.
Recruiting skilled Pilots and Technicians (Archer, SDIS, PHOTO Recon  operators for example) is dependent on their availability for missions that could last 3 or more days.

California allows leave for CAP missions?

[wingnut]

Yes I agree that the image of CAP being strictly a Volunteer organization vs A Congressionally Chartered Auxiliary Of the U.S. Air Force to an employer is a factor for getting time off.

With that said, we have now half the membership as the 1950s and 60s, so it is harder to sustain a mission for more than a few days. However, since 9.11 we along with the nation have a far greater threat than the cold war ever was and our Military is maybe 1/5 the size it was 40 years ago.

So consider the option of a campaign of working within each state to obtain some type of Leave Status (Preferably with pay) for CAP Air Crews, ICs, Mission Support Staff and Ground Teams. This would require members in that state to obtain a sponsor (In their Legislature or Governor) and the writing of an amendment to current legislation).

On a Federal Level I certainly think that it would solve the problem by Including CAP members on AFAMs in current Military Leave and Protection Laws.

My point is the only way CAP will be able to support the Fielding of 2 hour alert Crews or Ground teams is to have something like this.

Oh yes and I think the Public should be better educated as to what CAP is really doing

[PHall]

I'm still trying to figure out where somebody got the impression that CAP was a "Rapid Reaction Force"?
Wanna point me towards a publication or anything else on paper that says that.

[RiverAux]

Alaska - leave for military auxiliary for city, county, state employees for duty involving a military auxiliary.  (AK Code 38-610)

Arkansas - leave for CAP or CG Aux duty for city, county, state employees (AR Code  21-4-104)

California -- state employees in CAP can get time off for emergency duty (CA Code 19844.5)

Iowa - state employee leave for CAP duty (IA Code Sec. 59. Section 29A.28, subsections 1 and 3)

Louisiana -- possibly leave for CAP state employees, but it is very confusing. 

Maryland -- job protection for CAP members (TITLE 3. EMPLOYMENT STANDARDS AND CONDITIONS : SUBTITLE 7. MISCELLANEOUS : § 3-703)

Minnesota -- unpaid leave for CAP service (MN Code 181.946 )

[Laplace]

Louisiana -- possibly leave for CAP state employees, but it is very confusing. 

State, Parish (county), city, etc. employees can take off up to 15 days a year for CAP activities without having to use vacation time and the use of this time will not affect their performance rating or position.

[floridacyclist]

Oh yes and I think the Public should be better educated as to what CAP is really doing

We're trying. Last night, our display won 2nd place at the North Florida Fair in the Public Safety category. We beat out Tallahassee Fire Dept, Leon County Sheriff's Dept and a slew of other paid gov't agencies with a display consisting of a photo board ("three missions.....one team" and on each of the three panels our missions and tons of photos illustrating our people in action, plus 3 flight simulators and a display of AE posters and general recruiting flyers.

[jimmydeanno]

^Great Job Gene!  Do you happen to have any pictures?  I'd really like to see the display.

Also, I like that tagline: Three Missions...One Team

[wingnut]

Thanks River Aux

It is very interesting to read some responses, I agree that in many cases the individual local governmental agency can and often does give us the wink. I agree that 'Who is talking about a rapid response"

OPSEC  on that

but we first must build the foundation of having a dedicated "Available" force of Specialist (and I Mean All of CAP), because we have shrunk and quit frankly ; buried many of our most dedicated "Available Members", re thinking our mission status and going after that "Leave status", will place us in a whole different status for Homeland Defense.

some and many may not be able to get that status, as a former member of both the Air Force Reserve and the Army reserve I was turned away by potential employers who did not want to give me time off. However, the County of Los Angeles "Double Pays Guard and reservist, by giving them 30 days paid leave, plus they retain their full county pay. My HR department Knows CAP does not get paid, but they give me leave with pay. I do not abuse it and only use it for an AFAM or CD. In a way you could argue that as a county or city employee with ES service to the State office of Emergency Services my county is providing "Mutual Aid" as requested by the State OES. This is not my case but you could consider that option if looking into your states mutual aid MOUs and CAP could fit into that catagory and thus your doing your County, City, or State job but because of your emergency services status in CAP=Mutual Aid (Some of you know what I suggest)

The legality of this all is very important, yet it is in the realm of what is happening. I t also needs to be carefully controlled, and monitored by each wing should such Leave allowances be developed. Like any organization there is always someone who tries to rip off their employer, this we cannot have.

What we need is to have the process contolled through each Wings Air Force Liason office and counter signed and regulated by the Wing CC or DO. This is just an extension and clarification of each members AFAM status on a mission. If you read the guidelines for federal worker Comp for us on an AFAM we must be under written authority prior to going on the AFAM. This is just a more formalized method in addition to the WMIRS and IMU.

But I digress, without a law codefied by each state this  is all a Fairy Tale, sadly how many of us called in sick to fly a mission, or used our vacation. I know one guy flying archer missions with me who has used all of his Vacation time this year on CAP archer missions. Now he is a real dedicated member, who made himself available at short notice, and Bosshawk owes him a beer. (ME too)

and yes I can be ready in 30 minutes to fly, I keep my new Nomex Spandex CAP flightsuit under my Italian Suit. I think I rather look like a handsome Kosher Dill Pickle in it.

I am just throwing some ideas out, many of you have a good grasp on this already. I do have one question;

Are retired Officers always considered subject to the UCMJ?? and also subject to recall at any age depending on the specialty??