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Home » US Law » 2022 Colorado Code » Title 28 - Military and Veterans » Article 3 - National Guard » Part 6 - Public and Private Employees - Duties

§ 28-3-601. Public Employees – Annual Military Leave

Subject to the conditions prescribed in sections 28-3-601 to 28-3-607, any officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state who is a member of the National Guard or any other component of the military forces of the state organized or constituted under state […]

§ 28-3-602. Public Employees – Extended Military Leave

If any such officer or employee is required by proper authority to continue in such military service beyond the time for which leave with pay is allowed, he or she is entitled to leave of absence from his or her public office or employment without pay for all such additional service with right of reinstatement […]

§ 28-3-603. Public Employees – Emergency Military Leave

Subject to the conditions prescribed in this section, any officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state who engages in active military service in time of war or other emergency declared by proper authority of the state or the United States, for which […]

§ 28-3-604. Reinstatement

Except as otherwise provided in sections 28-3-601 to 28-3-607, upon the completion of such service, such officer or employee shall be reinstated in the public position which he or she held at the time of entry into such service or a public position of like seniority, status, and pay if such is available at the […]

§ 28-3-605. Public Officer – Certificate for Reinstatement

Any public officer elected or appointed for a definite term who, before the expiration of such term, returns from military service under leave of absence without pay, in lieu of making written application for reinstatement as provided in section 28-3-604, shall file in the same office where his or her official oath is filed, within […]

§ 28-3-606. Public Pension Rights Retained

Any public officer or employee receiving leave of absence under the preceding sections and having rights in any state, municipal, or other public pension, retirement, or relief system shall retain all such rights accrued up to the time of taking such leave and shall have all rights subsequently accruing under such system as if he […]

§ 28-3-607. Public Employees – Substitute During Service

If a public officer or employee is absent with leave under the provisions of the preceding sections and if it is necessary in the public interest to provide for the performance of the duties of his or her position during such absence, the authority having power to fill a vacancy in the position may appoint […]

§ 28-3-608. Sections Supplemental

The rights and privileges granted by sections 28-3-601 to 28-3-607 are supplementary to and not exclusive of any other rights or privileges conferred by law on public officers or employees but shall not obtain in any case where the military services are constitutionally or legally incompatible with the public office or employment. Source: L. 55: […]

§ 28-3-609. Private Employees – Annual Military Leave

Any person who is a duly qualified member of the Colorado National Guard or the reserve forces of the United States who in order to receive military training with the armed forces of the United States, not to exceed fifteen days in any one calendar year, leaves a position other than a temporary position in […]

§ 28-3-610. Private Employees – Benefits Retained

Such absence for military training will in no way affect the employee’s right to receive normal vacation, sick leave, bonus, advancement, and other advantages of his or her employment normally to be anticipated in his or her particular position. Source: L. 55: p. 622, § 42. CRS 53: § 94-9-42. C.R.S. 1963: § 94-1-42. L. […]

§ 28-3-611. Employer’s Noncompliance – Actions

Any employer violating any of the provisions of this part 6 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars. In addition, the employee may bring an action at law for damages and reasonable attorney fees for such noncompliance or apply to […]

§ 28-3-612. Federal Law – Rights – Applicability

Nothing in this article shall be construed as restricting or abrogating any right available to any officer or enlisted person of the military forces of the state under the federal “Uniformed Services Employment and Reemployment Rights Act”, 38 U.S.C. sec. 4301 et seq. Source: L. 2002: Entire section added, p. 589, § 16, effective May […]