Hi,
I've been trying to find a good summary of which states, like Iowa, extend USERRA military leave protections to Civil Air Patrol members, but I haven't found a good, definitive list. I know Washington State, for example, in addition to active and reserve covers CAP, volunteer firefighters, volunteer police/peace officers and volunteer nurse corps.
The closest I found was this:
http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter2-6.html (http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter2-6.html)
and I'm guessing it's old/incomplete/doesn't mention CAP sometimes even if the state's own law mentions it.
Does anyone have a better reference? I'm hoping I can persuade my employer to let me go to the Inland SAR course without burning five vacation days to do it.
Most states that permit leave don't require paid leave, so vacation days are still required, or you can take unpaid leave and make up for it with your CAP salary.
Except that my company doesn't make you take unpaid...their policy is up to 15 days' annually is covered.
I know it's kind of a long shot, but still...
I just made 1st Lt. a while ago, so maybe my raise would cover some of the gap! ;D
Well, then there's your solution.
Honestly, I'm of the opinion that if your relationship with your employer is to the point that you need some law to protect you, then you're really in a bad spot.
Talk to your employer without waving some law in their face, and you're more likely to come to a mutually beneficial situation.
There are a number of states that have laws that protect you from termination for participation in volunteer fire and rescue squad type activities; that would be the first place to look. You can loosely connect CAP's ES operations to that. But as previously mentioned, discuss it with you employer. Dont forget even if there is a law protecting you for being fired for CAP type participation, there may not be one protecting you from being fired for showing up 2 min late the next day.......
mk
Employers hire employees with an expectation that they will be on the job every day performing work for the best interest of the employer. In today's cost cutting environment staffing has been cut to bone in many companies, and even one worker missing from a shift may impact operations.
You can pass all the laws you want BUT the bottom line is IF you value your career/employment you shouldn't be blackmailing your employer with some mandatory law but instead sell the reason personally as to why you would need to be off to your boss and use it VERY selectively.
RM
The CAP Volunteer had an article on this a few years ago. I don't know how complete it was.
I'm a little surprised that CAP doesn't keep some sort of current information on this topic on their web page where potential or new members could find it. This is kind of a big deal for those in the National Guard and Reserves but CAP national hasn't seemed to pay much attention to it, much less promote similar laws where it can.
Wisconsin has a law that requires an employer to allow an unpaid leave of absence for actual missions. Also, neither employees nor potential employees may be discriminated against for membership in CAP. There's also a statute that prevents mission leave from being part of a collective bargaining agreement.
https://docs.legis.wisconsin.gov/statutes/statutes/321/V/66
Quote from: RADIOMAN015 on September 24, 2012, 01:44:24 AM
You can pass all the laws you want BUT the bottom line is IF you value your career/employment you shouldn't be blackmailing your employer with some mandatory law but instead sell the reason personally as to why you would need to be off to your boss and use it VERY selectively.
RM
I don't believe the point of this thread is to discuss blackmailing employer about leave laws, but to see what laws are available to protect our members.
And to answer the original question, Iowa Law - http://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=29A#29A.43 (http://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=29A#29A.43)
Here's a thread on this very topic started in 2008 with the most recent post in September, 2011. It's probably a good place to start collecting the info you seek. Colorado has a law specifically for CAP, and another for non-CAP volunteers, but the statutes only apply to actual missions and not training.
http://captalk.net/index.php?topic=4060.0 (http://captalk.net/index.php?topic=4060.0)
Mike
Quote from: sardak on September 24, 2012, 02:51:40 AM
Here's a thread on this very topic started in 2008 with the most recent post in September, 2011. It's probably a good place to start collecting the info you seek. Colorado has a law specifically for CAP, and another for non-CAP volunteers, but the statutes only apply to actual missions and not training.
http://captalk.net/index.php?topic=4060.0 (http://captalk.net/index.php?topic=4060.0)
Mike
Thanks! I saw that thread and wasn't sure if it was up-to-date enough, but as you say, it's a start.
And to some of the others here, who said anything about blackmail???? This is about having some information in-hand and having done some homework for people who haven't even HEARD of Civil Air Patrol. Sheesh!
Alabama Law:
http://alisondb.legislature.state.al.us/acas/searchableinstruments/2009rs/bills/sb599.htm (http://alisondb.legislature.state.al.us/acas/searchableinstruments/2009rs/bills/sb599.htm)
California law:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=01001-02000&file=1500-1507 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=01001-02000&file=1500-1507)
Illinois Civil Air Patrol Leave Act:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2991&ChapterID=68 (http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2991&ChapterID=68)
Arkansas leave act:
http://www.aseaar.org/Arkansas_State_Employees_Association/Foms_files/state%20employee%20benefits%20review%202011.pdf (http://www.aseaar.org/Arkansas_State_Employees_Association/Foms_files/state%20employee%20benefits%20review%202011.pdf)
Quote from: husker on September 24, 2012, 12:34:45 PM
Alabama Law:
http://alisondb.legislature.state.al.us/acas/searchableinstruments/2009rs/bills/sb599.htm (http://alisondb.legislature.state.al.us/acas/searchableinstruments/2009rs/bills/sb599.htm)
Holy crap I can take paid time off for training??
Quote from: RADIOMAN015 on September 24, 2012, 01:44:24 AM
Employers hire employees with an expectation that they will be on the job every day performing work for the best interest of the employer. In today's cost cutting environment staffing has been cut to bone in many companies, and even one worker missing from a shift may impact operations.
And fire is hot, water is wet, and gravity is a downer.
What you're referring to is "managing" - the more successful companies tend to do it on a regular basis, the less successful ones don't, and allow themselves to be pushed by the winds of change and circumstance. Employees are often sick, take vacation, personal days, work from home, etc., etc.
Obviously members should discuss the situation with their employers in advance - the same as anyone in the military, or who has school-aged children,
or an ill parent, or any other life circumstance that might interfere with work. However, the point of laws that protect members who respond to CAP missions is that it doesn't matter - the leave is protected by law, with consequences if a member if unfairly terminated, etc., because of CAP duty.
When I was a policeman I had all kinds of leave, sick, military, etc, etc. When I was in the National Guard and we had a drill weekend my days off was changed from Tue/Wed to Sat/Sun for that weekend only.
Now where I work we do not have pay leave. So if you go on a mission you can take a vacation day if you need the money or you can have a no comp day for a mission. I really can not afford to take no comp. :'(
I put together a state by state guide of the various leave laws and other similar legislation, I'll try to find it and post.
In FL, we don't yet have this, but last legislative session, we got some strong support and were close, but the legislative clock ran out with some high-profile topics taking the spotlight. We are hoping to get this pushed through this upcoming session, and I will update with information as it becomes available.
Run down state by state - not to sure on how current, and per this, only Iowa has CAP listed.
http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter2-6.html (http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter2-6.html)
Even if you have leave laws, if you live in an "at will" state your employer can still fire you and not even bother with a reason.
I searched through the code if Virginia and the following were the only references to CAP. Anything that talked about leave was for Virginia National Guard, Virginia Defense Force, or naval militia.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+44-93.2 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+44-93.2)
§§ 44-93.2 to 44-93.4
The right to a discounted driving record when requested for the purposes of becoming a CAP driver
http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+46.2-208+703300 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+46.2-208+703300)
§§ 46.2-208
Talks about a CAP vehicle license plate.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-746.6 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-746.6)
§§ 46.2-746.6.
South Dakota is going to try to get a bill introduced this session. I have the backing of the SD Dept of Military already. Going to work on the Dept of Public Safety next for backing. If I get both of them to back it we have a chance....