§ 72-48. Leave of absence during active or inactive duty or service - Public employees.

All officers and employees of the state or a political subdivision thereof who are members, either officers or enlisted, of the National Guard or any branch of the United States Military or its reserve components, shall, when ordered by the proper authority to active or inactive duty or service, be entitled to a leave of absence from such civilian employment for the period of such service without loss of status or seniority.  During the first thirty (30) calendar days for employees of political subdivisions or the first thirty (30) regularly scheduled work days for state employees of such leave of absence in any federal fiscal year, the officers or employees shall receive their full regular pay from the employing state agency or political subdivision.  During the remainder of such leave of absence in any federal fiscal year, the employing state agency or political subdivision may elect to pay the officer or employee an amount equal to the difference between their full regular pay from the employing state agency or political subdivision and their military pay, except that state officers and employees shall receive the difference between their full regular pay and their Reserve Components pay when they are ordered by proper authority to active or inactive service retroactive to the date that the officer or employee reported to active service on or after September 11, 2001, during the period that Operation Enduring Freedom is in effect.  The durational limit of protected military service as provided for in this section shall not be less than that provided by federal law.  If it is necessary in the public interest to provide for the performance of the duties of their positions during such absence, the authority having power to fill a vacancy in the positions may appoint substitutes, to be known as acting incumbents, who shall qualify as required for the regular incumbents and shall receive the same pay, including benefits and pay adjustments as fixed by law, if any, or otherwise such pay, including benefits and pay adjustments, as may be fixed by proper authority.

The Office of Management and Enterprise Services shall promulgate rules as necessary to implement the provisions of this section that relate to state employees.

Added by Laws 1947, p. 302, § 1, emerg. eff. May 16, 1947.  Amended by Laws 1973, c. 275, § 2, emerg. eff. May 30, 1973; Laws 1988, c. 31, § 2, eff. Oct. 1, 1988; Laws 1991, c. 13, § 3, emerg. eff. March 25, 1991; Laws 1991, c. 232, § 6, emerg. eff. May 24, 1991; Laws 1992, c. 164, § 1, emerg. eff. May 5, 1992; Laws 1994, c. 94, § 3, eff. July 1, 1994; Laws 2002, c. 396, § 3, emerg. eff. June 5, 2002; Laws 2003, c. 212, § 5, eff. July 1, 2003; Laws 2006, c. 179, § 1, emerg. eff. May 23, 2006; Laws 2012, c. 304, § 645.