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Volunteer Civil Service Leave


This information is intended to be a summary of laws and regulations applying to California employers. It should not be construed as legal advice. If further information is needed, please contact your labor attorney.

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Federal

Condition

California

No.

Required?

Yes. All employers except public safety agency employers and providers of emergency medical services.
(California Labor Code Sec. 230.3)

Paid/Unpaid?

Employer Choice

Applies to?

Volunteer firefighters and other emergency rescue personnel. Emergency Rescue Personnel is defined as any person who is an officer, employee, or member of a fire department or fire protection or firefighting agency of the federal government, the State of California, a city, county, city and county, district, or other public or municipal corporation or political subdivision of California, or of a sheriff's department, police department, or a private fire department, whether that person is a volunteer or partly paid or fully paid, while he or she is actually engaged in providing emergency services.

Reasons for leave?

Emergency duty. If the employer has 50 or more workers, any employee who is an emergency volunteer worker must be allowed up to 14 days per calendar year, to engage in fire or law enforcement training.

Duration?

No limit to duration, timing or frequency of leaves for emergency firefighting duty. 14 days of excused time for training if the employer has 50 or more workers.

Guaranteed return to work?

Yes.

Guaranteed job assignment?

Yes. Same job.

Employer verification?

Employer may require that employee notify it of status as registered volunteer firefighter or law enforcement officer. No notification necessary for emergency duty.

Penalties for failure to comply?

Labor Commissioner complaint or state court action.

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