Revises provisions relating to the Civil Air Patrol. (BDR 36-190)
Summary
AB 422 revises Nevada law governing the Civil Air Patrol and the employment protections available to volunteer members of the Nevada Wing. The bill creates a new right to leave from employment, without loss of position, seniority, accrued leave, or benefits, for Civil Air Patrol members who are training for emergency missions or responding to emergency missions. The leave is capped at 10 workdays per federal fiscal year for training and 30 workdays per federal fiscal year for emergency response, and the bill defines emergency missions to include search and rescue and disaster response activities.
The bill also sets out documentation requirements for employees seeking leave, including certification that the employee has been authorized to respond or train and verification from the Civil Air Patrol of the emergency need. Employers may treat the leave as unpaid, but may not require the employee to use other available leave first. The bill further authorizes an employee to sue for lost wages and benefits, plus reasonable attorney’s fees and costs, if the employer violates the new protections. In addition, AB 422 amends existing law to remove an employer’s authority to bar a covered Civil Air Patrol member from participating in those activities during normal working hours when the employee is entitled to the new leave.
Impact
AB 422 amends Chapter 413 and NRS 414.250 to expand workplace protections for volunteer Civil Air Patrol members in Nevada. It creates a specific statutory leave entitlement for training and emergency missions, limits employer discretion to deny participation in covered Civil Air Patrol activities, and adds a private right of action for enforcement. The bill affects employers, employee-volunteers, and the Nevada Wing of the Civil Air Patrol by establishing new compliance obligations and potential liability for violations.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the Assembly 41-0 and the Senate 21-0, indicating unanimous approval in both chambers. The available record does not include committee testimony, but the voting history suggests the measure was viewed favorably as a support bill for emergency volunteer service.
Contention
The main policy issues in the bill are the balance between employer control over staffing and the need to protect volunteer emergency responders, and the scope of the leave entitlement. Potential points of contention include whether the leave should be paid or unpaid, the requirement that employees provide certification and verification, and the creation of a civil remedy for lost wages, benefits, and attorney’s fees. The bill resolves the employer-side concern by allowing the leave to be unpaid and by limiting the number of protected days, while favoring Civil Air Patrol volunteers by prohibiting employers from forcing them to use other leave first.