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Volunteer Emergency Duty Leave
All employers must provide leaves of absence for employees who are required to perform emergency duty. You are not required to compensate the employee during this time off. An employee who is denied volunteer civil service leave is entitled to reinstatement and reimbursement for lost wages and work benefits. Refusing to provide the leave as required by law is a misdemeanor. The amount of time an employee can use for volunteer civil service leave is unlimited.
Though the requirement for volunteer civil service leave existed for many years for volunteer firefighters, it was expanded to include reserve peace officers and emergency rescue personnel. “Emergency rescue personnel” is defined as any person who is:
Training Leave for Emergency Personnel. If you employ 50 or more people, you must allow an employee who is a volunteer firefighter, reserve peace officer or emergency rescue personnel to take temporary leaves of absence, up to a total of 14 days per calendar year, to engage in fire, law enforcement or emergency rescue training. The law was expanded in 2014 to cover reserve peace officers and emergency rescue personnel and to cover emergency rescue training.
Rights of Employees Returning from Volunteer Civil Service Leave. You cannot terminate, threaten with termination, demote, suspend or otherwise discriminate against an employee who takes time off to engage in fire or law enforcement training. An employee who suffers any of these consequences is entitled to reinstatement and reimbursement for lost wages and work benefits.The employee can file a claim with the DLSE.
Though the requirement for volunteer civil service leave existed for many years for volunteer firefighters, it was expanded to include reserve peace officers and emergency rescue personnel. “Emergency rescue personnel” is defined as any person who is:
- An officer, employee or member of a fire department, fire protection or firefighting agency of the federal government, California state government, local government, special district or other public or municipal corporation or political subdivision of California
- An officer of a sheriff’s department, police department or private fire department
Training Leave for Emergency Personnel. If you employ 50 or more people, you must allow an employee who is a volunteer firefighter, reserve peace officer or emergency rescue personnel to take temporary leaves of absence, up to a total of 14 days per calendar year, to engage in fire, law enforcement or emergency rescue training. The law was expanded in 2014 to cover reserve peace officers and emergency rescue personnel and to cover emergency rescue training.
Rights of Employees Returning from Volunteer Civil Service Leave. You cannot terminate, threaten with termination, demote, suspend or otherwise discriminate against an employee who takes time off to engage in fire or law enforcement training. An employee who suffers any of these consequences is entitled to reinstatement and reimbursement for lost wages and work benefits.The employee can file a claim with the DLSE.