§ 21-4-212. Military leave — Definition

(a)

1. (1) Employees who are members of the armed forces of this state or any other state, including without limitation the National Guard or a reserve component or auxiliary of the United States Armed Forces, shall be granted leave at the rate of fifteen (15) days per calendar year plus necessary travel time for annual training requirements or other duties performed in an official duty status.

2. (2) To the extent this leave is not used in a calendar year, it will accumulate for use in the succeeding calendar year until it totals fifteen (15) days at the beginning of a calendar year.

3. (3) The leave shall be granted without loss of pay and in addition to regular vacation time.

4. (4) Each employee who requests military leave shall furnish a copy of his or her orders for his or her personnel file.

(b)

1. (1) An employee who is drafted or called to active duty in the United States Armed Forces or who volunteers for military service shall be placed on extended military leave without pay and upon application within ninety (90) days after the effective date of his or her release from active duty shall be reinstated to the position vacated or an equivalent position at no loss of seniority or any of the other benefits and privileges of employment.

2. (2) The right of reemployment shall conform with all federal government rules and regulations.

(c)

1. (1) Personnel called to duty in emergency situations by the Governor or the President of the United States shall be granted leave with pay not to exceed thirty (30) working days after which leave without pay will be granted. This leave shall be granted in addition to regular vacation time.

2. (2) As used in this section, “emergency situations” means:

   1. (A) Any case of invasion, disaster, insurrection, riot, breach of peace, or imminent danger thereof;

   2. (B) Threats to the public health or security; or

   3. (C) Threats to the maintenance of law and order.

(d)

1. (1) During any military leave of absence, the employee shall preserve all seniority rights, efficiency or performance ratings, promotional status, retirement privileges, life and disability insurance benefits, and any other rights, privileges, and benefits to which the employee has become entitled.

2. (2) For purposes of computations to determine whether the person may be entitled to retirement benefits, the period of military service shall be deemed continuous service, and the employee shall not be required to make any contributions to any retirement fund.

3. (3) The state shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained.

(e) Whenever an employee as defined under § 21-4-203 or an employee of a political subdivision is granted military leave for a period of fifteen (15) days per calendar year or fiscal year under this section, the military leave shall accumulate for use in succeeding calendar years or fiscal years until it totals fifteen (15) days at the beginning of the calendar year or fiscal year, for a maximum number of thirty (30) military leave days available in any one (1) calendar year or fiscal year.