(a) The Legislature hereby makes the following findings: (1) The Civil Air Patrol is the congressionally chartered official auxiliary of the United States Air Force. It performs three congressionally assigned key missions: emergency services, which includes search and rescue, by air and ground, and disaster relief operations; aerospace education for youth and the general public; […]
As used in this article: (1) “Civil Air Patrol leave” means leave requested by an employee who:
(a) Due to the nature of its congressionally assigned key missions and nonassigned missions, the West Virginia wing of the Civil Air Patrol shall be administered by the Adjutant General and the Adjutant General’s department in accordance with applicable state, federal and Civil Air Patrol regulations. (b) The Adjutant General, in addition to all other […]
(a) An employer may not 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. (b) An employer may not hinder or prevent an employee who has been employed for […]
(a) An employer shall provide up to 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. (b) An employer shall provide up to a maximum of thirty days per calendar year of […]
(a) When the employee returns to work, the employer shall restore the employee to the position held when the leave began or to a position with equivalent seniority status, benefits, pay and conditions of employment. (b) An employer may decline to restore an employee as required in this article because of circumstances unrelated to the […]
(a) The use of Civil Air Patrol leave under this article may not result in the loss of an employee benefit accrued before the first date of leave. (b) An employee using leave under any other provision of state or federal law may not concurrently use leave granted under this article. (c) This article does […]
(a) An employer may not interfere with the use of Civil Air Patrol leave allowed under this article. (b) An employer may not discharge, fine, suspend, expel, discipline or in any other manner discriminate against an employee who is a member of the Civil Air Patrol because that employee complies with the provisions of this […]
(a) An employee may bring a civil action in the appropriate circuit court to enforce this article. (b) The court may enjoin an act or practice that violates this article and may order equitable relief to redress the violation or to enforce this article, including the recovery of lost wages incurred as a result of […]