(a) As used in this section:
(1) “Civil air patrol” means the civilian auxiliary of the United States Air Force;
(2) “Employee” means an individual who receives wages or remuneration for providing services to an employer; and
(3) “Employer” means a person that provides wages or remuneration to one or more individuals who perform services for the employer under an express or implied contract of hire, including the state and any political subdivision of the state.
(b) Subject to the provisions of subsection (c) of this section, an employer shall not discriminate against, discipline, or discharge an employee because: (1) The employee is a member of the civil air patrol; or (2) the employee is absent from work for the purpose of (A) responding as a member of the civil air patrol to an emergency declared by the Governor of this state or the President of the United States, (B) responding as a member of the civil air patrol to a request for assistance in an emergency, natural disaster or life-threatening event at the request of the United States Air Force or Coast Guard, the Department of Emergency Services and Public Protection, the Division of Emergency Management and Homeland Security within the Department of Emergency Services and Public Protection, the state police or a local police department in this state, or (C) participating as a member of the civil air patrol in required emergency services training programs and exercises.
(c) In the case where the employee is absent from work for a purpose set forth in subdivision (2) of subsection (b) of this section, such employee shall (1) give his or her employer as much notice as possible of the dates such employee will be absent for any purpose set forth in subparagraph (A), (B) or (C) of subdivision (2) of subsection (b) of this section, and (2) provide his or her employer with written verification from the civil air patrol of the purpose of the employee's absence, as set forth in subparagraph (A), (B) or (C) of subdivision (2) of subsection (b) of this section.
(d) Nothing in subsections (a) to (c), inclusive, of this section shall be construed to prohibit an employer from (1) treating the time the employee is absent because of civil air patrol service for any purpose set forth in subdivision (2) of subsection (b) of this section as unpaid time off, or (2) complying with a collective bargaining agreement or employee benefit plan entered into before October 1, 2019.
(e) An employee who is a member of the civil air patrol and is trained and qualified to provide emergency services shall notify his or her employer (1) by October 31, 2019, (2) by such employee's date of employment with the employer, or (3) by the date on which such employee joins the civil air patrol, whichever is latest, that such employee may be called to participate in training or to serve in an emergency, natural disaster or life-threatening event.
(f) Any employee aggrieved by a violation of subsection (b) of this section may bring an action in the Superior Court to recover damages and equitable relief.
(P.A. 19-95, S. 1.)