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HF 1416

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/29/2012 06:59pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - 3rd Engrossment

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A bill for an act
 relating to military affairs; extending reemployment rights protections to certain
nonpublic employees; amending Minnesota Statutes 2010, section 192.261,
subdivisions 1, 6.

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

Section 1.

Minnesota Statutes 2010, section 192.261, subdivision 1, is amended to read:


Subdivision 1.

Leave of absence without pay.

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 statenew text begin :
new text end

new text begin (1)new text end who engages in active service in time of war or other emergency declared by
proper authority in any of the military or naval forces of the state or of the United States
for which leave is not otherwise allowed by lawnew text begin ; or
new text end

new text begin (2) during convalescence for an injury or disease incurred during active service, as
documented by a line-of-duty determination form signed by proper military authority, and
any other documentation as reasonably requested by the employer;
 new text end

shall be entitled to leave of absence from the officer's or employee's public office or
employment without pay during such servicenew text begin or convalescencenew text end , with right of reinstatement
as hereinafter provided. Such leave of absence without pay, whether heretofore or
hereafter, shall not extend beyond four years plus such additional time in each case as
such an officer or employee may be required to serve pursuant to law. This shall not be
construed to preclude the allowance of leave with pay for such service to any person
entitled thereto under section 43A.183, 192.26, or 471.975. Nothing in this section
contained shall affect any of the provisions or application of section 352.27 nor of section
192.26 to 192.264, or any laws amendatory thereof, insofar as such sections pertain to the
state employees retirement association or its members.new text begin "Active service" has the meaning
given in section 190.05, subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 2.

Minnesota Statutes 2010, section 192.261, subdivision 6, is amended to read:


Subd. 6.

State emergencies; reemployment rights of nonpublic employees.

A
person who engages in active service in the military forces in time of emergency declared
by the proper authority of deleted text begin thedeleted text end new text begin anynew text end state who is not an officer or employee of deleted text begin thedeleted text end new text begin thisnew text end state or
of any political subdivision, municipal corporation, or other public agency of deleted text begin thedeleted text end new text begin thisnew text end state
is entitled to leave new text begin fromnew text end and reinstatement new text begin in the person's civilian position of employment
within Minnesotanew text end in the same manner and to the same extent as granted to officers and
employees of deleted text begin thedeleted text end new text begin thisnew text end state or of any political subdivision, municipal corporation, or other
public agency of deleted text begin thedeleted text end new text begin thisnew text end state by subdivisions 1 to 4. The provisions of this subdivision
shall not entitle a person given leave and reinstatement rights by this subdivision to any
pay during such service as provided by section 192.26. The provisions of this subdivision
do not apply to situations in which the person's reemployment rights are protected by
deleted text begin United States Code Annotated, appendix 50, sectiondeleted text end new text begin the Uniformed Services Employment
and Reemployment Rights Act, United States Code, title 38, sections 4301 to 4335new text end deleted text begin 459(g)
of the Selective Service Act of 1967deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012, and applies to persons
serving in state active service on or after that date.
 new text end