Members of the Florida Wing of the Civil Air Patrol, an auxiliary of the United States Air Force, are now entitled to 15 days of job protected leave annually.
Leave Entitlement
Senate Bill 370 (“Bill”) requires that employers with 15 or more employees provide members of the Civil Air Patrol up to 15 days of unpaid leave each year for training or a mission. Employees can use or substitute “any vacation, annual, compensatory, or similar leave with pay accrued” during the leave period. However, employers cannot require that eligible employees use paid time off.
To be eligible for leave, an employee must be a member of the Civil Air Patrol. He/she must also have been employed with the employer for at least 90 days immediately preceding the commencement of the leave.
Return to Work
Upon the completion of the leave, employees must notify their employers of their intent to return to work. Civil Air Patrol members who return to work following leave are entitled to the seniority rights and benefits that they would have had on the date their leave began. They are also entitled to any seniority rights and benefits they would have attained had they remained continuously employed. Absent cause, a Civil Air Patrol member who returns to work following leave cannot be discharged for the one year period after their return.
An employee need not be returned to work if:
- The employer’s circumstances have so changed as to make employment impossible or unreasonable;
- Employment would impose an undue hardship on the employer;
- The employment from which the member takes leave is for a brief, nonrecurring period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period; or
- The employer had legally sufficient cause to terminate the employee at the time he or she commenced such leave.
Anti-Retaliation
Employers cannot reprimand, discharge or otherwise penalize employees who take Civil Air Patrol leave and are absent from work.
Coverage: Florida employers with 15 or more employees.
Effective: July 1, 2017
Action Required: You should review your leave policy and update it as appropriate to ensure that eligible employees are permitted 15 days of annual leave for Civil Air Patrol training and/or missions. You should also contact your Human Resources Business Partner if you have any questions.
This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.