CHAPTER 19. CIVIL AIR PATROL
IC 10-16-19
Chapter 19. Civil Air Patrol
IC 10-16-19-1
Application; discipline of employees of political subdivisions
Sec. 1. (a) This section does not apply to an employee of the statesubject to IC 4-15-10-8.
(b) This section applies to an employee of a political subdivisionwho:
(1) is a member of the civil air patrol; and
(2) has notified the employee's employer in writing that theemployee is a member of the civil air patrol.
(c) A political subdivision employer may not discipline anemployee:
(1) for being absent from employment by reason of engaging inan emergency service operation that began before the time thatthe employee was to report to employment; or
(2) for leaving the employee's duty station to engage in anemergency service operation if the emergency service operationbegan after the employee had reported for work and theemployee secured authorization from the employee's supervisorto leave the employee's duty station before leaving to engage inthe emergency service operation.
(d) A political subdivision employer may require an employeewho has been absent from employment as set forth in subsection(c)(1) or (c)(2) to present a written statement from the commander orother officer in charge of the civil air patrol at the time of theabsence indicating that the employee was engaged in an emergencyservice operation at the time of the absence.
(e) An employee who is disciplined by the employee's employerin violation of subsection (c) may bring a civil action against theemployer in the county of employment. In the action, the employeemay seek the following:
(1) Payment of back wages.
(2) Reinstatement to the employee's former position.
(3) Fringe benefits wrongly denied or withdrawn.
(4) Seniority rights wrongly denied or withdrawn.
An action brought under this subsection must be filed within one (1)year after the date of the disciplinary action.
(f) A public servant (as defined in IC 35-41-1-24) who permits orauthorizes an employee of a political subdivision under thesupervision of the public servant to be absent from employment asset forth in subsection (c) is not considered to have committed aviolation of IC 35-44-2-4(b).
As added by P.L.10-2007, SEC.5.
IC 10-16-19-2
Application; discipline of employees of private employers
Sec. 2. (a) This section applies to an employee of a privateemployer who: (1) is a member of the civil air patrol; and
(2) has notified the employee's employer in writing that theemployee is a member of the civil air patrol.
(b) Except as provided in subsection (c), the employer may notdiscipline an employee:
(1) for being absent from employment by reason of engaging inan emergency service operation that began before the time thatthe employee was to report to employment; or
(2) for leaving the employee's duty station to engage in anemergency service operation if the emergency service operationbegan after the employee had reported for work and theemployee secured authorization from the employee's supervisorto leave the employee's duty station before leaving to engage inthe emergency service operation.
(c) After an employer is notified under subsection (a)(2) that anemployee is a member of the civil air patrol, the employer may rejectthe notification on the grounds that the employee is an essentialemployee to the employer. If an employer rejects the notification ofan employee under this subsection:
(1) subsection (b) does not apply to the employee; and
(2) the employee shall promptly notify the commander or otherofficer in charge of the civil air patrol of the rejection of theemployee's notification under subsection (a)(2).
(d) The employer may require an employee who has been absentfrom employment as set forth in subsection (b)(1) or (b)(2) to presenta written statement from the commander or other officer in charge ofthe civil air patrol at the time of the absence indicating that theemployee was engaged in an emergency service operation at the timeof the absence.
As added by P.L.10-2007, SEC.5.