Federal law establishes the Civil Air Patrol as a federally chartered nonprofit corporation and the volunteer civilian auxiliary of the United States Air Force. (10 U.S.C. §§ 9491, 9492, 36 U.S.C. §§ 40301 et seq.) Existing law establishes various duties of the Nevada Wing of the Civil Air Patrol, including to carry out crash, rescue and emergency operations, support federal, state and local law enforcement agencies in homeland defense and narcotics interdiction missions and provide related organization and training. (NRS 413.010) Section 1 of this bill provides that an employee who is a volunteer member of the Nevada Wing of the Civil Air Patrol is entitled to a leave of absence from his or her employment without loss of position, seniority, accrued leave or benefits on days during which the employee is: (1) engaged in training for emergency missions with the Civil Air Patrol, not to exceed 10 workdays during each federal fiscal year; and (2) responding to an emergency mission with the Civil Air Patrol, not to exceed 30 workdays during each federal fiscal year. Section 1 defines “emergency mission” to include search and rescue and disaster response activities. Section 1 prohibits an employer from requiring an employee to exhaust any other leave to which the employee is entitled before such leaves of absence and any such leave is authorized to be treated as unpaid leave by an employer. Section 1 also requires the employee requesting the leave to provide to his or her employer certain certifications and verifications relating to the employee's service with the Civil Air Patrol. Section 1 authorizes an employee who is aggrieved by a violation of the provisions of section 1 to bring a civil action to seek damages equal to the amount of the lost wages and benefits and reasonable attorney's fees and costs. Existing law requires an employee to disclose to his or her employer if he or she wishes to join a volunteer search and rescue or reserve unit of a sheriff's department or a Civil Air Patrol unit. Existing law also authorizes an employer to prohibit the employee from participating in search and rescue activities during normal working hours. (NRS 414.250) Section 2 of this bill eliminates the authority of an employer to prohibit an employee who is entitled to a leave of absence pursuant to section 1 from participating in activities related to the employee's membership in a Civil Air Patrol unit for which such leave is authorized.

Statutes affected:
As Introduced: 414.250
Reprint 1: 414.250
As Enrolled: 414.250
BDR: 414.250