3.088 LEAVE OF ABSENCE.
Subdivision 1. Leave of absence without pay.
Subject to this section, any appointed officer
or employee of a political subdivision, municipal corporation, or school district of the state or
an institution of learning maintained by the state who serves as a legislator or is elected to a
full-time city or county office in Minnesota is entitled to a leave of absence from the public office
or to employment without pay when on the business of the office, with right of reinstatement
as provided in this section.
Subd. 2. Reinstatement.
Except as provided in this section, upon the completion of the last
legislative day in each calendar year, or, in the case of an elected city or county official, on the
completion of the final day of the term to which the official was elected, the officer or employee
shall be reinstated in the public position held at the time of entry into the legislature or taking
city or county office, or be placed in a public position of like seniority, status, and pay if it is
available at the same salary which would have been received if the leave had not been taken, upon
the following conditions:
(1) that the position has not been abolished or that its term, if limited, has not expired;
(2) that the legislator makes a written application for reinstatement to the appointing
authority within 30 days after the last legislative day in a calendar year or, in the case of an elected
city or county official, within 30 days after the expiration of the elected term; and
(3) that the request for reinstatement is made not later than ten years after the granting of
Upon reinstatement, the officer or employee shall have the same rights with respect to accrued
and future seniority status, efficiency rating, vacation, insurance benefits, sick leave, and other
benefits as if actually employed during the time of the leave. No public employer is required to
compensate a reinstated employee or officer for time spent by that employee or officer away from
work for the employer and on the business of the state legislature during the period between the
first and last legislative day in each calendar year or on the business of an elected city or county
office. No officer or employee reinstated shall be removed or discharged within one year after
reinstatement except for cause and after notice and hearing, but this does not extend a term
of service limited by law.
Subd. 3. Pension and retirement rights.
A public officer or employee who receives leave of
absence under this section or is elected as a state constitutional officer and has rights in a state,
municipal, or other public pension, retirement, or relief system shall retain all the rights accrued
up to the time of taking leave. Time spent by the employee as a member of the legislature or as
an elected city or county official or state constitutional officer shall be calculated in the same
manner as if the employee had spent that time in the service of the public employer for the
purpose of determining vesting of the employee's rights in the employer's pension, retirement, or
relief system. Under no circumstances shall two governmental units pay the employee's share
of pension contributions when the employee is on leave of absence to serve in the legislature or
as an elected city or county official.
Subd. 4. Vacancies to be filled temporarily.
When a public officer or employee is absent
with leave under this section and it is necessary to provide for the performance of the duties of the
absentee's position during the absence, the authority having power to fill a vacancy in the position
may appoint an acting incumbent, who shall qualify as required for the regular incumbent, receive
the same compensation as fixed by law or proper authority, and have the powers and perform the
duties of the position until the return of the regular incumbent. This section does not preclude
making other lawful provision for the discharge of the duties of the position.
Subd. 5. Supplementary.
The rights and privileges granted by this section do not apply if
the elected office is constitutionally or legally incompatible with the public office or employment
or the elected person chooses to take leave as provided by other law.
Subd. 6. Pensions.
Notwithstanding any other law or ordinance or state, municipal, or other
public retirement or relief association rule or bylaw, a person shall not be disqualified from
receiving a legislative retirement pension or allowance because the person is entitled to receive a
public pension or retirement benefit as a result of employment by another public employer. The
person shall receive both the legislative retirement pension or allowance and any state, municipal,
or other public pension or retirement benefit for which the person has qualified.
History: 1974 c 306 s 4; 1977 c 140 s 1-4; 1985 c 248 s 70; 1986 c 444; 1988 c 469 art 1
s 1; 1991 c 308 s 1