A requirement that an employer grant an unpaid leave of absence to allow an employee to participate in an emergency service operation of the Civil Air Patrol and prohibiting discrimination in employment based on Civil Air Patrol membership

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 membership in the Civil Air Patrol. Specifically, the bill prohibits an employer or any other person from: 1) 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 Civil Air Patrol or because the individual performs, has performed, applies to perform, or has an obligation to perform service in the Civil Air Patrol; and 2) printing or circulating any statement, advertisement, or publication, or using any form or application for employment or making any inquiry in connection with prospective employment, that implies or expresses any limitation, specification, or discrimination with respect to an individual or any intent to make such a limitation, specification, or discrimination because the individual is or applies to be a member of the Civil Air Patrol or because the individual performs, has performed, applies to perform, or has an obligation to perform service in the Civil Air Patrol.

The bill also prohibits an employer or other person from interfering with, restraining, or denying the exercise of the right of an employee to take a leave of absence to participate in an emergency service operation of the Civil Air Patrol and from discharging or discriminating against an employee in promotion, in compensation, or in the terms, conditions, or privileges of employment for taking such a leave of absence; opposing a discharge or discrimination in violation of the bill;

filing a complaint or attempting to enforce a right under the bill; or testifying or assisting in any action or proceeding to enforce a right under the bill.

An employee whose right to take a leave of absence to participate in an emergency service operation of the Civil Air Patrol is interfered with, restrained, or denied or who is refused employment, terminated, discharged, or discriminated against in violation of the bill may file a complaint with the Department of Workforce Development (DWD), and DWD must process the complaint in the same manner that employment discrimination complaints are processed under current law. If DWD finds that an employer or other person has interfered with, restrained, or denied the right of an employee to take a leave of absence to participate in an emergency service operation of the Civil Air Patrol or has refused employment to, terminated, discharged, or discriminated against an employee in violation of the bill, DWD may order the employer or other person to take action to remedy the violation, including granting that leave of absence, reinstating the employee, providing compensation in lieu of reinstatement, providing back pay accrued not more than two years before the complaint was filed, and paying reasonable actual costs and attorney fees to the complainant.