NEW REGULATIONS – California’s New Transgender Regulations Now In Effect

On July 1, 2017, the California Department of Fair Employment and Housing’s (DFEH) regulations concerning transgender employees went into effect.  The new regulations interpret the California Fair Employment and Housing Act’s (FEHA’s) provisions prohibiting discrimination on the basis of “gender identity” and “gender expression.”

New Definitions

The new regulations provide new definitions for the following terms:

  • “Gender expression” means a person’s gender-related appearance or behavior, or the perception of such appearance or behavior, whether or not stereotypically associated with the person’s sex assigned at birth.
  • “Gender identity” means each person’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person’s sex assigned at birth, or transgender.
  • “Transitioning” is a process some transgender people go through to begin living as the gender with which they identify, rather than the sex assigned to them at birth. This process may include, but is not limited to, changes in name and pronoun usage, facility usage, participation in employer-sponsored activities (e.g. sports teams, team-building projects, or volunteering), or undergoing hormone therapy, surgeries, or other medical procedures.

Clarifying Concepts

Restrooms

The new regulation clarify that employers are required to provide “equal access to comparable, safe, and adequate facilities” to all employees without regard to the sex (which is defined to include gender identity and gender expression) of the employee.  Employers are also expressly required to “permit employees to use facilities that correspond to the employee’s gender identity or gender expression, regardless of the employee’s assigned sex at birth.”

The regulations also remind employers that if they have “single-occupancy facilities” under their control, they are required to use gender-neutral signage for those facilities, such as “Restroom,” “Unisex,” “Gender Neutral,” “All Gender Restroom,” etc.

Finally, the regulations clarify that employers are not permitted to require employees provide proof of any medical treatment or procedure or to provide any identity document to use facilities designated for use by a particular gender.

Dress Codes

While employers are still permitted to impose a dress code, the new regulations clarify that it is unlawful for an employer to impose upon an applicant or employee any “dress code” (i.e. physical appearance, grooming or dress standard) which is inconsistent with an individual’s gender identity or gender expression.  In addition, the dress code must serve a legitimate business purpose and cannot discriminate based on an individual’s sex, including gender, gender identity, or gender expression.

The only exception to this prohibition is if the employer can establish business necessity for the particular dress code restriction.

Preferred Name and Identity

The new regulations add a new requirement that employers comply with an employee’s request to be identified by a certain name or gender identity.  The only exception to this requirement is if the employer is under some other legal obligation to identify the employee by his or her legal name or gender marker.

Employers are also prohibited from inquiring into an employee or applicant’s sex, gender, gender identity or gender expression.  The only exception is if the employer can establish a business necessity for such an inquiry.

Recommendations for Employers

It is recommended that all California employers review the new regulations and verify their employment practices comply with the new regulations.  Specifically, employers should consider the following:

  • Revising existing anti-discrimination policies to include express protections relating to sexual orientation, gender identity and gender expression;
  • For employers with single-user restrooms, verify that the restroom is labelled with the appropriate signage (i.e. the unisex signage);
  • Verify that any dress code policy avoids gender stereotypes and is enforced consistently; and
  • Most importantly, provide training to your managers and supervisors about the new regulations.

NEW LAW – Scope of New Jersey’s Law Against Discrimination Expanded to Include Military Members

On August 7, 2017, New Jersey Governor Chris Christie signed New Jersey Senate Bill S726 into law.  This new law, which went into effect on August 7, 2017, amends the New Jersey Law Against Discrimination and expands its scope to prohibit all forms of discrimination against members of the Armed Forces and veterans.

It is recommended that all New Jersey employers review their practices towards military members and veterans and verify that those practices comply with the amended New Jersey Law Against Discrimination.

NEW LAW: Oregon Amends Manufacturing Overtime Rules

Oregon Governor Kate Brown recently signed House Bill 3458 into law.  This new law is intended to fix ambiguities in Oregon’s daily overtime law, which covers non-union employees working in mills, factories, and manufacturing establishments.

The daily overtime law requires Oregon employers with operations in mills, factories, and manufacturing establishments pay employees daily overtime after 10 hours of work.  These employees are also entitled to overtime compensation after 40 hours of work in the workweek.  The existing law did not, however, clearly address how overtime was to be paid if an employee earned both daily and weekly overtime compensation.

The new law clarifies that employees who are entitled to receive both daily and weekly overtime must be paid only the greater of the two, rather than both.  This “clarifying language” is effective immediately.

The new law also revises limits on weekly work hours for those employed in mills, factories, or other manufacturing establishments. Under the existing law, daily work hours in mills, factories, and manufacturing establishments are capped at 13 hours. Under the new law, absent an undue hardship, employers may not require employees to work more than 55 hours a week.  However, employees can agree in writing to work up to 60 hours a week.  Employers are also prohibited from disciplining employees who do not agree to work in excess of 55 hours a week.

The new weekly hours cap portion of the law goes into effect on January 1, 2018.

NEW POSTER: St. Petersberg, Florida Publishes New Wage Theft Notice

Earlier this summer, the City of St. Petersburg, Florida amended its wage theft ordinance.  Under this new amendment, employers in St. Petersburg are required to:

  • Provide all employees with a pay notice at the time of hire and
  • Display “in a location accessible to all employees” a poster about wage theft (the new Wage Theft Notice is available here).

The pay notice must contain the following information:

  • The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable;
  • Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances;
  • The regular payday designated by the employer;
  • The name of the employer, including any “doing business as” names used by the employer;
  • The physical address of the employer’s main office or principal place of business, and a mailing address, if different;
  • The employer’s telephone number; and
  • A template summary, available from the City, summarizing the protections and rights of employees under the ordinance.

The form for the Notice is available here.

In addition to providing employees notice of their pay at time of hire, employers are also required to notify employees of any changes to the information in the pay notice within seven (7) calendar days after the time of the changes.

Under the ordinance, an employee is defined as a “natural person who performs work within the geographic boundaries of the City while being employed by an employer . . .” including “a person who performs work that benefits an employer located within the City even though the employee may have performed work outside of the City.”  Bona fide independent contractors are excluded from the definition of employee.

The new requirements will not become effective until 90 days after a community based organization has been selected to facilitate the implementation of the amended ordinance.  As of yet, a community based organization has not yet been selected.  Regardless, the amended ordinance will go into effect in the near future; therefore St. Petersburg employers should start preparing for the changes now.

NEW LAW – Oregon Passes Employee Scheduling Law

Oregon has boldly gone where no state has gone before … and enacted scheduling legislation! On August 8, 2017, Oregon Governor Kate Brown signed Senate Bill 828 into law. This new law employer scheduling practices in the food service, hospitality, and retail industries and goes into effect on July 1, 2018.

Under the new law, employers in the food service, hospitality, and retail industries who

  • operate in Oregon and
  • have at least 500 employees worldwide

will be required to provide their employees with a “written good faith estimate of the employee’s work schedule” at the time of hire. The estimate must be in the language the employer ordinarily uses to communicate with its employees and must include the following information:

  • The median number of hours the employee can expect to work in an average one-month period;
  • An explanation of the “voluntary standby list” (if the employer chooses to have one)
  • Indicate whether an employee who is not on the voluntary standby list can expect to work on-call shifts. If so, the estimate must set forth an objective standard for when an employee not listed on the voluntary standby list may be expected to be available to work on-call

The estimate may be based on a prior year schedule if it is a good faith estimate of seasonal or episodic work.

What is the “voluntary standby list”?

Under the law, employers may choose to implement a “voluntary standby list.” This is a list of employees who the employer will request to work additional hours to address unanticipated customer needs or unexpected employee absences. Before creating this list, the employer must notify each employee in writing:

  • That inclusion on list is voluntary;
  • How an employee may request to be removed from the list;
  • How the employer will notify a standby list employee of additional hours available
  • How an employee may accept the additional hours;
  • That the employee is not required to accept the additional hours offered; and
  • That an employee on the standby list is not eligible for additional compensation (provided under this law) for the changes to the employee’s written work schedule resulting from the employee’s acceptance of additional hours offered to the employee as a result of being on the standby list.

Employees must “volunteer” (i.e. request in writing) to be included on the list following receipt of this notice. Employees can also request to be removed from the list at any time. Employers cannot retaliate against an employee not participating in the voluntary standby list.

When extra shifts become available, an employer may notify employees on the standby list through an in-person conversation, telephone call, email, text message, or other means of electronic or written communication of the opportunity. Employees on the list may decline the extra shift and an employer cannot retaliate against an employee for declining an extra shift.

Advance Notice of Scheduling

In addition to the initial estimate, employers are also required to give employees a written work schedule at least 7 calendar days prior to the first day on the schedule. NOTE: The advanced notice period changes to 14 calendar days advanced notice on July 1, 2020.

This schedule must contain all of the shifts an employee is required to work during the work period – including on-call shifts – and must also be posted in a conspicuous place in the workplace in English and in the language the employer typically uses to communicate with its employees.

If the employer makes changes to the to the written work schedule after the advance notice period (i.e. 7 calendar days prior to the first day of the work period), the employer must provide the employee with timely notice of the change by:

  • in-person conversation,
  • telephone call,
  • electronic mail,
  • text message or
  • other accessible electronic or written format.

The employee may decline any work shifts not included in the employee’s written work schedule. Employees may also submit written requests to be added to the written work schedule. These requests are not subject to the advance notice requirements.

If an employer makes changes to the written schedule after the advanced notice period, the employer will be required to pay additional compensation to the affected employees as follows:

  • One hour of pay at the employee’s regular rate of pay, in addition to wages earned, when the employer:
    • Adds more than 30 minutes of work to the employee’s work shift;
    • Changes the date or start or end time of the employee’s work shift with no loss of hours; or
    • Schedules the employee for an additional work shift or on-call shift.
  • One-half times the employee’s regular rate of pay per hour for each scheduled hour that the employee does not work when the employer:
    • Subtracts hours from the employee’s work shift before or after the employee reports for duty;
    • Changes the date or start or end time of the employee’s work shift, resulting in a loss of work shift hours;
    • Cancels the employee’s work shift; or
    • Does not ask the employee to perform work when the employee is scheduled for an on-call shift.

The above penalties do not apply where:

  • An employer changes the start or end time of an employee’s work shift by 30 minutes or less;
  • An employee mutually agrees with another employee to employee-initiated work shift swaps or coverage. (Employers may require that work shift swaps or coverage be preapproved by the employer);
  • An employee requests changes to the employee’s written work schedule, including adding or subtracting hours, and the employee documents the request in writing;
  • An employer makes changes to an employee’s written work schedule at the employee’s request;
  • An employer subtracts hours from an employee’s work schedule for disciplinary reasons for just cause, provided the employer documents the incident leading to the employee’s discipline in writing;
  • An employee’s work shift or on-call shift cannot begin or continue due to threats to employees or property or due to the recommendation of a public official;
  • Operations cannot begin or continue because public utilities fail to supply electricity, water or gas or there is a failure in the public utilities or sewer system;
  • Operations cannot begin or continue due to a natural disaster or a similar cause not within the employer’s control, including when the natural disaster or similar cause physically affects the work site;
  • Operations hours change or are substantially altered because a ticketed event is cancelled, rescheduled or changes in duration due to circumstances that are outside the employer’s control and that occur after the employer provides the written work schedule;
  • An employer requests that an employee on a voluntary standby list work additional
  • hours and the employee consents to work the additional hours.

Required Periods of Rest

The new law also mandates periods of rest between shifts as follows:

  • The first 10 hours following the end of the previous calendar day’s work shift or on-call shift; or
  • The first 10 hours following the end of a work shift or on-call shift that spanned two calendar days.

If an employee is required to work through the rest period, the employee must be paid at 1.5 times the employee’s regular rate of pay for each hour or portion of an hour that the employee works during a rest period. However, the penalties do not apply if an employee requests or voluntarily agrees to work during the period od rest.

Notice

The Oregon Bureau of Labor and Industries will be publishing a poster regarding the new law that employers will be required to post in a prominent location in the workplace.

Take Home For Employers

It is recommended that all affected Oregon employers review the scheduling rules under the new law.

NEW REGULATIONS – New York’s Final Paid Family Leave Law Regulations Adopted

On July 19, 2017, the New York Workers’ Compensation Board adopted its final regulations implementing the New York Paid Family Leave Benefits Law. This law, which goes into effect on January 1, 2018, will provide eligible employees with a paid, job-protected leave of absence for qualifying reasons.

New York Paid Family Leave (NYPFL) can be used for the following purposes:

  • To care for a family member (e.g. a spouse, domestic partner, child, parent, parent-in-law, grandparent, or grandchild) with a serious health condition
  • For bonding purposes during the first 12 months following the birth or adoption of a child (even if the child was born/adopted prior to January 1, 2018)
  • To meet birth, adoption, or foster care obligations
  • To handle a “qualifying exigency” (as defined under the FMLA) arising from the service of a family member in the Armed Forces of the United States.

NYPFL cannot be used for an employee’s own serious health condition.

The Final Regulations

Eligibility

Under the final regulations, both full-time and part-time employees are eligible for paid family leave benefits. For purposes of NYPFL:

  • “Full-Time” Employees are employees who work 20 or more hours per week and become eligible for Paid Family Leave after 26 consecutive weeks of work
  • “Part-Time” Employees are employees who work fewer than 20 hours per week and become eligible for Paid Family Leave on the 175th day of work in a 52-consecutive-week period.

The regulations clarify that an employee’s use of paid time off (e.g. vacation time, personal, sick or other time away from work) will count as consecutive work weeks or days worked if the employer continued to deduct the employee’s contributions during that time. However, periods of temporary disability leave are not counted.

The final regulations also clarify that NYPFL may be taken on an intermittent basis in either daily or weekly increments.

Coordinating NYPFL & Other Leaves of Absence

The final regulations also address the coordination of NYPFL with other leave of absences (i.e. FMLA and employee’s paid time off).

With respect to FMLA, NYPFL and FMLA leave run concurrently. Therefore, employers are required to

  • notify eligible employees that their leave of absence will be designated as both FMLA and NYPFL; and
  • provide employees with the FMLA notice and certification forms.

If the employer fails to provide the required notice to the employee, then the employer waives the right to have the NYPFL run concurrently with FMLA leave. If, however, the employer provides the required notices and the employee fails to apply for NYPFL, then the employer can count the leave against the employee’s NYPFL entitlement.

With respect to paid time off, employers may allow employees to use their accrued paid time off benefits (vacation, sick, PTO) during NYPFL in order to receive their full salary. If the employees chooses to do this, the employer may seek reimbursement from the carrier for the family leave benefits.

Waivers for Ineligible Employees

Under the new regulations, employers are required to offer ineligible employees with a waiver of benefits (which relieves the employee of any obligation to make contributions to paid family leave benefits). An employee is ineligible for NYPFL if he is not scheduled to be employed for at least 26 consecutive weeks, or will not work 175 days in a 52-week period.

If the employee’s eligibility changes (i.e. the employee’s schedule changes and he continues working for 26 consecutive weeks or 175 days in a 52-week period), then the waiver is automatically revoked within 8 weeks of the schedule change. In addition, the employee must start making contributions to the NYPFL fund – including the retroactive payments.

Handbooks and Notice

Starting January 1, 2018, all New York employers must include a policy relating to NYPFL. This policy must include all of the employee’s rights and obligations under the PFLBL, including information on how to file a claim for paid family leave.

In addition, employers will be required to post a (yet-to-be-created) notice relating to NYPFL in a prominent location in the workplace. This notice will be developed by the New York Workers’ Compensation Board.

Available Leave Benefits

The New York Paid Family Leave program will be phased in over a 4-year period. Under this schedule, eligible employees will receive a portion of their weekly earnings during a qualifying leave period as follows:

Maximum Available Leave Time in a 52-week period Employee’s Weekly Earnings to be Paid During Leave NY State Average Weekly Earnings Cap
January 1, 2018 8 weeks 50 percent 50 percent
January 1, 2019 10 weeks 55 percent 55 percent
January 1, 2020 10 weeks 60 percent 60 percent
January 1, 2021 12 weeks 67 percent 67 percent

 

Take home for employers

2018 is only a few short months away. New York employers should start familiarizing themselves with the new NYPFL law and accompanying regulations. In addition, New York employers need to prepare their payroll systems (and their employees) for the payroll deductions that come with NYPFL. Finally, New York employers need to prepare the new handbook policies.

NEW LAW – Oregon’s New Equal Pay Act

Oregon’s Equal Pay Act (House Bill 2005) was recently signed into law. This new law amends the existing Oregon Equal Pay Act is intended to better address equal pay discrepancies among women, minorities, and other protected class employees.

Under the new law, it is unlawful for an employer to:

  1. Discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character;
  2. Pay wages or other compensation to any employee at a rate greater than that at which the employer pays to employees of a protected class for work of a comparable character;
  3. Screen job applicants based on current or past compensations; or
  4. Determine compensation for a position based on current or past compensation of a prospective employee.

In addition, the new law also prohibits employers from asking applicants or current employees about their salary history until after the employer makes an offer of employment to the prospective employee that includes an amount of compensation.

Key Terms

The Equal Pay Act defines the following key terms:

  • “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.
  • “Wages” means all compensation for performance of service by an employee for an employer, whether paid by the employer or another person, or paid in cash or any medium other than cash.
  • “Working conditions” includes work environment, hours, time of day, physical surroundings and potential hazards encountered by an employee.
  • “Work of comparable character” means work that requires substantially similar knowledge, skill, effort, responsibility and working conditions in the performance of work, regardless of job description or job title.

Pay Differentials Permissible Under Certain Circumstances

The new law does allow employers to pay employees for work of comparable character at different compensation levels if all of the difference in compensation levels is based on a bona fide factor that is related to the position in question and is based on:

  • A seniority system;
  • A merit system;
  • A system that measures earnings by quantity or quality of production, including piece-rate work;
  • Workplace locations;
  • Travel, if travel is necessary and regular for the employee;
  • Education;
  • Training;
  • Experience; or
  • Any combination of the factors described in this subsection, if the combination of factors accounts for the entire compensation differential.

Notice Requirements

Employers will be required to post a notice of the Equal Pay Act’s requirements. The Bureau of Labor and Industries will be making a template available to employers which meets the statutory requirements.

Timeline for Implementation

While the new law goes into effect on September 1, 2017, only portions of the law go into effect at that time. Specifically, starting in September 2017, the employers will no longer be allowed to seek salary history from applicants or current employees.

On January 1, 2019, most of the Equal Pay Act’s provisions expanding protections go into effect. This includes requiring posted notice and making it unlawful to pay different wages, screen job applicants, or determine compensation based on an applicant’s current or past compensation.

On January 1, 2024, employees will have a right of action against employers that seek an applicant’s or current employee’s salary history.

 

NEW LAW – Pennsylvania Now Allows Payment of Wages Via Payroll Debit Cards

Late last year, the Pennsylvania Supreme Court ruled (Siciliano v. Mueller) that an employer requiring employees to accept payment of wages via payroll debit card is unlawful and violated the state’s Wage Payment Collection Law. (see our previous article Mandatory Payroll Debit Cards Unlawful in Pennsylvania”)

In an effort to modernize the Pennsylvania Wage Payment and Collection Law, Pennsylvania governor Tom Wolf signed Act 161 into law. This law reverses the Court’s decision in Siciliano and expressly permits employers to pay employees using payroll debit cards – provided that the following conditions are met:

  • Employees must be given the option of receiving their wages via paper checks or direct deposit if they prefer;
  • Employees must be properly notified (in writing or electronically) of their wage payment options and of the terms and conditions of the payroll card account option, including:
    • The fees that may be deducted from the employee’s payroll card account by the card issuer,
    • A notice that third parties may assess fees in addition to the fees assessed by the card issuer,
    • The methods available to the employee for accessing wages without fees.
  • Employees must affirmatively authorize use of the card;
  • The card must allow one free withdrawal each pay period and one in-network ATM withdrawal at least weekly;
  • The employee must have the ability to check the card’s balance electronically or via telephone without cost; and
  • There must be no fees associated with the issuance, replacement (one per year), transfer of wages, or non-use (for up to twelve months) of the card.
  • Employees must be given the opportunity to request (either in writing or electronically) to change the employee’s method of receiving wages from a payroll card account to direct deposit or negotiable check.
    • The change must take effect as soon as practicable, but no later than the first payday after 14 days from receipt by the employer of the employee’s request and any information necessary to implement the change.
  • Employees must be provided with written or electronic statement of earnings and deductions each pay period in accordance with Pennsylvania law.

Employers seeking to pay employees via payroll debit cards should review the new law to ensure compliance.

 

NEW LAW — Washington DC Universal Paid Leave Act

Earlier this year, the Washington DC Universal Paid Leave Amendment Act was passed into law. Once in effect (July 1, 2020), the new law will require all DC employers, regardless of size, to provide employees with paid leave, including up to eight (8) weeks of family, parental, and/or medical leave each year.

The Act provides Universal Paid Leave for the three following purposes:

  1. Medical Leave: Eligible employees may take up 2 workweeks of leave within a 52-workweek period following the diagnosis of a serious health condition of the employee. Medical leave must be taken within one year of the qualifying medical leave event.
  2. Family Leave: Eligible employees may take up to 6 workweeks of leave within a 52-workweek period to provide care or companionship to a family member because of the diagnosis of a “serious health condition” of an employee’s family member.
  3. Parental Leave: Eligible employees may take up to 8 workweeks of leave within a 52-workweek period to bond with a newborn or a child placed for adoption, foster care, or in loco parentis. Parental leave must be taken within one year of the birth or placement.

Under the Act, the following terms mean:

  • “Covered employer” means virtually all private employers in Washington DC, as there is not a minimum employee threshold for Universal Paid Leave
  • “Eligible employee” means an employee who
    • Spends more than 50 percent of his work time for the covered employer in the District of Columbia
    • Regularly spends a substantial amount of his or her work time for the covered employer in the District of Columbia and not more than 50 percent of his or her work time for the covered employer in another jurisdiction
    • has worked “some or all” of the previous 52 calendar weeks for a covered employer
  • “Serious health condition” has the same meaning as under the federal Family and Medical Leave Act
  • “Family member” means a child (including a biological, adopted, or foster son or daughter; a stepchild; or a legal ward or person to whom the employee stands in loco parentis), a parent (including in-laws, foster parents, guardians, and persons in loco parentis), a spouse or domestic partner, a grandparent, or a sibling

Universal Paid Leave is protected leave to the extent that the leave runs concurrently with DCFMLA. In other words, an employee who works for an employer with fewer than 20 employees is not entitled to job protection if he or she takes Universal Paid Leave because that employee is not eligible for DCFMLA.

Under the law, employees are required to provide their employers with notice regarding their intention to take Universal Paid Leave. Employees are required to provide at least 10 days’ notice when the need for leave is foreseeable and prior to the start of the work shift (if possible) when the leave is unforeseeable.

In addition, employers will be required to provide all employees with notice regarding Universal Paid Leave. The notice must be provided to employees on the following occasions:

  1. upon hire,
  2. annually thereafter, and
  3. each time the employer is aware that leave is needed.

Employers must also post the notice in a conspicuous place within the workplace. The notice, which must be created by the DC mayor, will explain:

  • Employees’ right to paid leave benefits under the Act, and the terms under which such leave may be used;
  • That retaliation by an employer against an employee for requesting, applying for, or using paid leave benefits is prohibited;
  • That an employee who works for an employer with under 20 employees will not be entitled to job protection if he or she decides to take paid leave pursuant to the Act; and
  • That the employee has a right to file a complaint, and the procedures established by the mayor for filing a complaint.

Action Items for DC Employers

DC employers have a bit of time before the new law actually goes into effect. During this “waiting time,” DC employers should review their family and medical leave policies and make necessary revisions that reference and ensure compliance with the Universal Leave Act. Once published, DC employers should review the proposed rules regarding the implementation of Universal Paid Leave. Those employers who employ union employees should also review their collective bargaining agreements and determine if any revisions need to be discussed with the Union to include reference to Universal Paid Leave. Finally, employers should train their HR staff about the new law.

NEW LAW – West Virginia Extends Protections to Members of the State Wing of the Civil Air Patrol

Earlier this year, West Virginia Governor Jim Justice, Jr. signed Senate Bill 280 into law. This new law, which went into effect on July 1, 2017 provides new protections to West Virginia employees who are active members of the state wing of the Civil Air Patrol.

This new law makes it unlawful for employers to discriminate against or discharge from employment an employee who has been employed for a minimum of ninety days and is a member of the Civil Air Patrol because of membership in the Civil Air Patrol.

In addition, this new law requires employers to provide these employees with Civil Air Patrol Leave as follows:

  • A maximum of ten days per calendar year of unpaid Civil Air Patrol leave to an employee training for an emergency mission of the West Virginia wing of the Civil Air Patrol.
  • A maximum of thirty days per calendar year of unpaid Civil Air Patrol leave to an employee responding to an emergency mission of the West Virginia wing of the Civil Air Patrol.

To receive this leave, employees must provide the employer with advanced notice of their need for leave as follows:

  • Training Leave – Employees must provide at least fourteen days’ notice of the intended dates of the beginning and end of leave together with an estimate of the amount of time needed to complete training.
  • Emergency Mission Leave — Employees must provide as much notice as possible of the intended dates of the beginning and end of leave together with an estimate of the amount of time needed to complete an emergency mission.

When the employee returns to work, the employee must be reinstated to the position held when the leave began or to a position with equivalent seniority status, benefits, pay and conditions of employment.

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