AB 132

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

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