Title 3. Employment Standards and Conditions — Subtitle 10. Civil Air Patrol Leave

In this subtitle the following words have the meanings indicated.

“Civil Air Patrol leave” means leave requested by an employee who:

“Employee” means any individual who performs services for, or under the control of, a provider of wages or remuneration.

“Employee benefits” means all benefits other than wages given by an employer.

“Employer” means any person that employs more than 15 employees.

An employer may not discriminate against or discharge from employment an employee who has been employed for a minimum of 90 days and is a member of the Civil Air Patrol because of membership in the Civil Air Patrol.

An employer may not hinder or prevent an employee who has been employed for a minimum of 90 days from performing service as part of the Maryland Wing of the Civil Air Patrol during an emergency mission if the member is entitled to leave under this subtitle.

An employer shall provide no less than 15 days per calendar year of unpaid Civil Air Patrol leave to an employee responding to an emergency mission of the Maryland Wing of the Civil Air Patrol.

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 when the employee returns to work.

An employer may decline to restore an employee as required in this subtitle because of circumstances unrelated to the provisions of this subtitle.

An employer and an employee may negotiate for the employer to pay for the benefits of the employee during the leave.

The use of Civil Air Patrol leave under this subtitle may not result in the loss of an employee benefit accrued before the first date of leave.

An employee using leave under Title 13 of the Public Safety Article may not concurrently use leave granted under this subtitle.

This subtitle does not affect the obligation of an employer to comply with a collective bargaining agreement or an employee benefit plan that provides greater leave rights to employees than the rights provided under this subtitle.

The grant of leave under this subtitle may not be diminished by a collective bargaining agreement or an employee benefit plan entered into on or after January 1, 2010.

This subtitle does not affect or diminish the contract rights or seniority status of an employee not entitled to Civil Air Patrol leave.

An employer may not interfere with the use of Civil Air Patrol leave allowed under this subtitle.

An employer may not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who:

An employee may bring a civil action in the appropriate State court to enforce this subtitle.

The court may enjoin an act or a practice that violates this subtitle and may order equitable relief to redress the violation or to enforce this subtitle.

Whenever the Commissioner determines that this subtitle has been violated, the Commissioner shall:

The Attorney General may bring an action under this section in the county where the violation allegedly occurred for injunctive relief, damages, or other relief.