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HF 1178

as introduced - 88th Legislature (2013 - 2014) Posted on 03/20/2013 03:36pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to the military; clarifying that an employee may choose when to use paid
military leave; amending Minnesota Statutes 2012, section 192.26.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 192.26, is amended to read:


192.26 STATE AND MUNICIPAL OFFICERS AND EMPLOYEES NOT TO
LOSE PAY WHILE ON MILITARY DUTY.

Subdivision 1.

Authorized leave.

Subject to the conditions hereinafter prescribed,
any officer or employee of the state or of any political subdivision, municipal corporation,
or other public agency of the state who shall be a member of the National Guard, or any
other component of the militia of the state now or hereafter organized or constituted
under state or federal law, or who shall be a member of the officers' reserve corps, the
enlisted reserve corps, the Naval Reserve, the Marine Corps reserve, or any other reserve
component of the military or naval forces of the United States now or hereafter organized
or constituted under federal law, shall be entitled to leave of absence from the public
office or employment without loss of pay, seniority status, efficiency rating, vacation,
sick leave, or other benefits for all the time when engaged with such organization or
component in training or active service ordered or authorized by proper authority pursuant
to law, whether for state or federal purposes, but not exceeding a total of 15 days in any
calendar year.new text begin The state or political subdivision, municipal corporation, or other public
agency shall allow the officer or employee to choose when during the calendar year to
take the 15 days of paid military leave. The officer or employee may choose to use all of
the 15 days of paid military leave at one time or, in the alternative, the 15 days of paid
military leave may be divided and taken throughout the calendar year at the discretion of
the officer or employee.
new text end Such leave shall be allowed only in case the required military or
naval service is satisfactorily performed, which shall be presumed unless the contrary is
established. Such leave shall not be allowed unless the officer or employee (1) returns to
the public position immediately on being relieved from such military or naval service and
not later than the expiration of the time herein limited for such leave, or (2) is prevented
from so returning by physical or mental disability or other cause not due to the officer's or
employee's own fault, or (3) is required by proper authority to continue in such military or
naval service beyond the time herein limited for such leave.