State Leave Legislation

[Johnny Yuma]

"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.

The legislation simply says they cannot fire you for doing CAP work. It doesn't require your employer to pay you.

Joe Blow can take the time off CAP, but Pinky isn't obligated to pay him for that week.

[SAR-EMT1]

Wish IL had this, not just for CAP but vollunteer Fire and EMS as well.

[♠SARKID♠]

WIWG might be getting leave now.  Just got word that the state will be voting on allowing unpaid leave for CAP ES missions.  Unfortunately its short notice and they will be voting on the 13th so we have to hurry to submit our opinions.

The bill gives permission for unpaid leave as long as the following conditions are met.

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 wing 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 ddition 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.

The bill also prohibits employers from discriminating against or terminating employment because of membership in or participation in the activities of CAP.

Its number five that botches it for me.  Im a manager so taking time off on short notice tends to cause undue disruption.

[mynetdude]

WIWG might be getting leave now.  Just got word that the state will be voting on allowing unpaid leave for CAP ES missions.  Unfortunately its short notice and they will be voting on the 13th so we have to hurry to submit our opinions.

The bill gives permission for unpaid leave as long as the following conditions are met.

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 wing 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 ddition 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.

The bill also prohibits employers from discriminating against or terminating employment because of membership in or participation in the activities of CAP.

Its number five that botches it for me.  Im a manager so taking time off on short notice tends to cause undue disruption.

Looks good except for #5, but I can understand #5 though... IMHO it wouldn't be fair to the employer if you could just pack up and go if you were the only supervisor to manage two or one employee since they could not lock up and they would not have a clue when you would be back.  OTOH, if the wing is understaffed for that particular call out then the fact that one person could not respond because of #5 can put a hindrance on operations if that person were in dire need.

[♠SARKID♠]

Pretty much the case.  I've been lucky though, all but one of the missions I've been on have landed on my off days.  The one day I took off was before I was a manager though.

[SAR-EMT1]

Mind if I ask what you manage SARKID?

-- Just curious seeing as you could be a Sr in HS or a Soph in College.

[♠SARKID♠]

Mind if I ask what you manage SARKID?

-- Just curious seeing as you could be a Sr in HS or a Soph in College.

I night manage a franchise Piggly Wiggly, and I'm a first semester college dropout.

[Eclipse]

Illinois has similar legislation pending:
http://tinyurl.com/yrgjyn

Synopsis As Introduced
Creates the Civil Air Patrol Leave Act. Requires that an employer, including the State and units of local government, grant unpaid leave to its employees who are civil air patrol members performing a civil air patrol mission. Exempts employers with fewer than 15 employees. Bases the maximum amount of leave on the size of the employer's workforce. Protects the employee's pre-leave benefits, requires restoration of benefits after the leave, and authorizes civil enforcement actions. Preempts home rule.

[afgeo4]

Funny how the state that lost the most during 9/11 and claims to have the best prepared personnel to fight terrorism and natural disasters doesn't have these laws. Also funny how a certain senator from the same state who is running for president on the platform of taking care of people and of national security hasn't creates such in her state.

[pixelwonk]

Turkal,

Having been in a similar position at Pick 'n Slave BITD (a wednesday) that you are in, I'd venture that your absence, while causing inconvenience to your boss, would not necessarily cause undue disruption.

Public Safety officers such as PD and FD personnel, sure.  A grocery manager... not so much.  I'd hope that your employer is already familiar with what you do.  Being that you are fairly active and have the support of your awesome squadron CC to back you up, I'd like to think that the employer will accept the law if passed.  Surely there are other managers in the store to face the product and tell people where the Durkee fried onions are. 
Plus, it's not like the bill would allow carte blanche absence from work for exorbitant periods of time.  It looks pretty tame as it's written.

YMand fried onions aisleMV

...Also funny how a certain senator from the same state who is running for president on the platform of taking care of people and of national security hasn't creates such in her state.

Please leave elected-official bashing out of this thread.  Regardless of anyones opinion, it tends to go south fast.

[♠SARKID♠]

Turkal,

Having been in a similar position at Pick 'n Slave BITD (a wednesday) that you are in, I'd venture that your absence, while causing inconvenience to your boss, would not necessarily cause undue disruption.

Public Safety officers such as PD and FD personnel, sure.  A grocery manager... not so much.  I'd hope that your employer is already familiar with what you do.  Being that you are fairly active and have the support of your awesome squadron CC to back you up, I'd like to think that the employer will accept the law if passed.  Surely there are other managers in the store to face the product and tell people where the Durkee fried onions are. 
Plus, it's not like the bill would allow carte blanche absence from work for exorbitant periods of time.  It looks pretty tame as it's written.

YMand fried onions aisleMV

I see what you're getting at, but our store is a bit different.  PigWigs tend to be a bit smaller, and ours doubly so (it used to be a Sentry, which ran even smaller than an average Pig).  The day hinges on the manager in charge.  Without them there, there would be a lot of chickens with their heads cut off (and not just in the meat department (hehe, grocery humor)).  The manager schedule is pretty well locked.  We actually have five managers, the head manager, myself, and three guys that work about one day a week because they hold down full time jobs and go to college.  Its dang hard for me to change my schedule after its written, especially on short notice of the REDCAP persuasion.

That being said, number five is still my problem.  I'd very much like it if they did one of two things.  First, and this is horridly unlikely, strike it all together (not happening).  Or second, define what constitutes "undue disrupt" so that when my boss says "no CAP for you" I can definitively say that I'm not causing undue disrupt to the store.

[sardak]

Perhaps if your store was more like this, you could Force the change.

Mike

[♠SARKID♠]

Perhaps if your store was more like this, you could Force the change.

Mike

THAT. WAS. EPIC.

Can't say I've done Vader, but I did wear fuzzy bunny ears for Easter last year.

[afgeo4]

Turkal,

Having been in a similar position at Pick 'n Slave BITD (a wednesday) that you are in, I'd venture that your absence, while causing inconvenience to your boss, would not necessarily cause undue disruption.

Public Safety officers such as PD and FD personnel, sure.  A grocery manager... not so much.  I'd hope that your employer is already familiar with what you do.  Being that you are fairly active and have the support of your awesome squadron CC to back you up, I'd like to think that the employer will accept the law if passed.  Surely there are other managers in the store to face the product and tell people where the Durkee fried onions are. 
Plus, it's not like the bill would allow carte blanche absence from work for exorbitant periods of time.  It looks pretty tame as it's written.

YMand fried onions aisleMV

...Also funny how a certain senator from the same state who is running for president on the platform of taking care of people and of national security hasn't creates such in her state.

Please leave elected-official bashing out of this thread.  Regardless of anyones opinion, it tends to go south fast.

No matter who you support or don't support, the fact that New York doesn't have such a law is a sad fact.

[mynetdude]

Perhaps if your store was more like this, you could Force the change.

Mike

Indeed epic/funny too!

[sardak]

The Colorado bill passed today.  Tentative signing day will be CAP Day on April 24, 2008.

The bill provides employment protection very similar to that for the Guard and Reserve for CAP members on actual ES missions, up to 15 work days per calendar year.  For CAP members who are public employees, the bill provides for leave with pay, private sector employees are provided leave without pay.

Other "qualified [emergency] volunteers" (SAR, Red Cross, Salvation Army, etc.) are covered as well.  There are a couple of differences between protection for these volunteers and CAP members. For qualified volunteers:

a. Employers do not have to provide leave to more than 20% of their employees on any work day.  This was included instead of trying to define what size employer should be exempt.

b. Leave does not have to be provided to employees deemed "essential," the definition of which is in the bill.  For private employers only, employees "whose duties include disaster recovery for the employer" are not covered by the law. 

The provisions for qualified volunteers are far more involved than what we thought was necessary, but we'll take it.

The bill as passed, in PDF, is here: Colorado CAP Employment Protection Bill

I hate to distract from the celebration, but I have to mention that in all the votes on the bill in the House, there was one nay voter each time, Representative Douglas Bruce.  For Coloradoans, the name is familiar.  For others, I direct you to Rep. Bruce's Wikipedia page: Doug Bruce Wiki

This is Rep. Bruce's first term in the legislature.  Before he was even sworn in, he was involved in two incidents, one which led him to become the first member in history to be censured by the Colorado House.  After he was sworn in, he was assigned to the Military and Veterans Affairs Committee, to which the CAP bill was assigned. 

Every year this committee passes a resolution honoring the military men and women of Colorado.  Rep. Bruce refused to sign the resolution, saying resolutions are frivolous and a waste of legislators' time.  He was promptly booted off the committee.  The district Rep. Bruce represents is in El Paso County, home of NORTHCOM, US Space Command, NORAD, Peterson AFB, Schreiver AFB, the US Air Force Academy, Fort Carson, COWG HQ and RMR CAP-USAF HQ.

Mike

Edited for punctuation.

[♠SARKID♠]

Congratulations on getting the bill passed!

I just thought of something - If I can read through all the laws for other states concerning CAP leave, and find a culmination of definitions of which employees are "essential" to employers, I might be able to form a definition of sorts giving me good leverage in number 5 of the WI bill...

[wingnut]

I say Hooray for our side, Let's get the ball rolling in California

[davedove]

The day hinges on the manager in charge.  Without them there, there would be a lot of chickens with their heads cut off ...

I have always believed that if a manager cannot take off at a moment's notice, then something is wrong with management.  After all, what would happen to the store if you were hit by a bus on the way to work?  Somehow the store would get by.  Most CAP missions would be a few days at most.  Sure it would be an inconvenience and someone above you may have to fill in for a bit, but that's part of the job of senior management.

I'll grant this doesn't help your immediate situation, but it's something to think about.

[DrDave]

Congratulations, Colorado!

We're working on it in Missouri.

Again, my sincere thanks to all who've added to this discussion.

Would a list of the state bills I've accumulated, and their links be helpful for this thread?

Dr. Dave