State Leave Legislation

[DrDave]

As the Missouri Wing builds on the successful passage of legislation last session recognizing CAP members as state employees for liability and work comp coverage when flying state-funded missions, our next step will be the passage of legislation allowing CAP members time away from their jobs without being penalized while participating in actual missions.

I believe several other states already have such legislation in place. 

Texas?  California?  Iowa?  Suggestions?

Any and all help is greatly appreciated,
Dr. Dave
Chair, Legislative Committee
Missouri Wing

[sardak]

An employment protection bill was introduced into the Colorado legislature just last week.

The bill is HB 08-1097, "Protections for Emergency Volunteers."  The bill's sponsor, Rep. Lambert, was originally approached by COWG.  However, the sponsor thought that expanding the bill to include other volunteer emergency services workers would be a good idea, hence the broad title.  Trying to expand it became more complicated and encroached on Rep. Lambert's deadline for introducing the bill.  He reverted back to wording that includes only CAP. 

CAP and other groups are working with Rep. Lambert to reword the bill, hopefully to include other volunteers, so the current version will change.

Here is the link to the bill's homepage where a PDF copy can be downloaded.
Colorado HB08-1097

Mike

[♠SARKID♠]

Good luck on getting it passed, I really wish we had a law like that in WI.

[Flying Pig]

I don't believe Ca. has anything like that for CAP.  I know of some members who's employers do it on a case by case basis, but there is no law that I am aware of.

[mikeylikey]

"AND THE LEAVE SHALL BE ALLOWED ONLY IF THE MEMBER GIVES EVIDENCE TO THE EMPLOYER OF THE SATISFACTORY COMPLETION OF THE CIVIL AIR PATROL SERVICE".

^ Does that mean the mission must be a successfull mission.  As we saw in the recent National Search a few months back, it was not successfull. 

I hope this goes through, everyone in CAP is deserving of some added protections. 

However, I can see members using the 15 days of leave to go work at an AF Base for the new VSAF program.  They may treat it like vacation.  I see some major abuses coming in the door through that route. 

EXAMPLE:  Joe blow has been grinding away at Pinky Computer Products all year, has 6 days of vacation saved, and decides he needs to get away.  He volunteers for the VSAF program, gets a job from 10AM-2PM at the local Air Force Base and goes to volunteer there for 7 days.  He could claim "A full day" of AFAM, for all 7 days.  He gets over his "burnout" and heads back to making keyboard keys at Pinky.  So instead of using vacation like everyone else does, he weasels out. 

I think if members are to receive Work leave for CAP missions, then the VSAF mission should not be part of allowable CAP missions.

[DrDave]

Thanks for the info and link to the Colorado legislation. 

Much appreciated!

Dr. Dave

[sarmed1]

Pennsylvania as well

VOLUNTEER FIREFIGHTERS - PROHIBIT EMPLOYMENT TERMINATION FOR TIME LOST
Act of 1977, P.L. 249, No. 83
An Act

Prohibiting employers from firing employees who lost time from employment in the line of duty as volunteer firemen, fire police and volunteer members of ambulance services and rescue squads; and providing penalties. (Tit. Amended Dec. 5, 1988, P.L. 1102, No. 131)

http://nvfc.org/page/719/Pennsylvania__Volunteer_Firefighters.htm

I havent bothered to test the theory yet, but I assume CAP falls under the heading of volunterr rescue squad.

mk

[Pace]

Louisiana gives CAP members the same rights and protections as national guard members if they're activated.  I don't have the exact verbage in front on me to clarify further, but you can get the general idea.

[afgeo4]

Depending on who wins this presidential race, I'm hoping NY'ers will get similar legislation. However, why is this a state level movement? Why not get federal legislation? We generally get activated by the Federal government. Why not make that same government protect us? ALL OF US?

I'd hate to see a situation like 9/11 or Katrina and members in various states trying to figure out why the most competent, trained and equipped wings can't show up (due to lack of employment security in their state)

[jimmydeanno]

Depending on who wins this race, a lot of people will get a lot of things that they're "entitled" to.  But I bite my tongue on that topic.

[mikeylikey]

^ 

[John Bryan]

Indiana has it....IC 10-16-19
http://www.in.gov/legislative/ic/code/title10/ar16/ch19.pdf


We also protect cadets who miss school for missions IC 20-33-2-17.2
http://www.in.gov/legislative/ic/code/title20/ar33/ch2.pdf

[DrDave]

Thanks all for your assistance, comments, and links!

Dr. Dave

[JCJ]

Arkansas - up to two weeks, but applies only to state or municipal employees

Arkansas Code 21-4-104

[wingnut]

California allows time for CAP only if your a State Employee, I was talking to a USAF Reserve Technician who told me he gets 5 days leave for CAP.

[afgeo4]

California allows time for CAP only if your a State Employee, I was talking to a USAF Reserve Technician who told me he gets 5 days leave for CAP.

Yet another reason to have a FEDERAL law for this. USAFR ARTs are federal employees.

[CadetProgramGuy]

"AND THE LEAVE SHALL BE ALLOWED ONLY IF THE MEMBER GIVES EVIDENCE TO THE EMPLOYER OF THE SATISFACTORY COMPLETION OF THE CIVIL AIR PATROL SERVICE".

^ Does that mean the mission must be a successfull mission.  As we saw in the recent National Search a few months back, it was not successfull. 

Edit by myself.....

No what that means is that you have orders cut to let you go on the mission with an estimated time of completion, or you have orders cut when you are done with the mission releasing you back to your employer.

[sardak]

An employment protection bill was introduced into the Colorado legislature just last week.  The bill is HB 08-1097, "Protections for Emergency Volunteers."

Here is the link to the bill's homepage where the history of the bill is documented and a PDF copy of it can be downloaded.
Colorado HB08-1097

Mike

The bill passed the House on a vote of 62-1 last week and was introduced into the state Senate today, February 20.  The bill contained five amendments which were more or less expected.  Though the bill originally stated protection just for CAP, the bill's author wanted the bill to cover all volunteer emergency services workers, and the amendments did that.  Intricacies of public law making are more complex than simple, so it took five amendments to achieve what most of thought could be done in a couple of sentences.  The link above is still valid for viewing the bill and its history.

Members of COWG, the Colorado Search and Rescue Board, Colorado State Fire Chiefs Association and Colorado Division of Emergency Management spoke during the hearings.

Three concerns were voiced by others during the hearings. The points are valid and I bring them up not to start some off topic discussion, but simply for information. These are points of view that those of us involved in volunteer emergency services might be blind to.

One was that the bill forces employers to support volunteer activities that can interrupt their businesses. This clearly affects small employers more than large ones.

A second concern was that the bill forces an employer to support an activity that the employer might not otherwise believe in or support.

The third was the bill discriminates against volunteers in non-emergency services.

Mike

[DNall]

Not really in Texas, not the employment protection/leave anyway. Hope to get something like that soon, but election years are a bad time.

[davidsinn]

Indiana has it....IC 10-16-19
http://www.in.gov/legislative/ic/code/title10/ar16/ch19.pdf
We also protect cadets who miss school for missions IC 20-33-2-17.2
http://www.in.gov/legislative/ic/code/title20/ar33/ch2.pdf

Col. Bryan,
Does that mean the school must or can grant that leave? I've got a cadet(give you 3 guesses which one and 2 guesses don't count;-) that wants to be able to do this but I didn't think the law had been passed yet.