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House Engrossed military leaves of absence; duration |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2297 |
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AN ACT
amending sections 26-168 and 38-610, Arizona Revised Statutes; relating to military duty.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 26-168, Arizona Revised Statutes, is amended to read:
26-168. Absence from employment for military duty; vacation and seniority rights; violation; classification; definition
A. An employer shall may not refuse to allow members of the national guard of this state or any other state or the United States armed forces reserves to take leaves of absence from employment for the purpose of complying with competent orders of this state, the other state or the United States for active duty or to attend camps, maneuvers, formations or armory drills. The leaves of absence shall may not affect vacation rights that employees otherwise have, except that an employer need not consider the period of absence as a period of work in determining eligibility for vacation and the amount of vacation pay to which the employee is entitled.
B. A member of the national guard of this state or any other state or the United States armed forces reserves shall may not lose seniority or precedence while absent under competent military orders. On return to employment, the employee shall be returned to the employee's previous position or to a higher position commensurate with the employee's ability and experience as seniority or precedence would ordinarily entitle the employee.
C. An officer or employee of this state, or any department or political subdivision of this state, who is a member of the national guard of this state or any other state or the United States armed forces reserves is entitled to leave of absence pursuant to section 38-610 from the individual's duties without loss of time or efficiency rating on all days during which the individual is engaged in field training as provided by this chapter. , and For a the period during of the leave of absence, not to exceed thirty days in any two consecutive years the individual is entitled to pay as prescribed in section 38-610, subsection C, paragraph 3. For the purposes of this section subsection, an officer or employee shall may not be charged military leave for days on which the individual was not otherwise scheduled for work. For the purposes of this subsection, "day" means a shift of work.
D. When ordered to perform active duty or training by the competent orders of any state or the United States, members of the national guard or United States armed forces reserves shall have the protections afforded to persons under federal active duty by the soldiers and sailors civil relief act of 1940 (54 Stat. 1178; 50 United States Code App. sections 501 through 548 and 560 through 591) and by the uniformed services employment and reemployment rights act of 1994 (108 Stat. 3149; 38 United States Code sections 4301 through 4333).
E. A person that violates subsection A or B of this section is guilty of a class 1 misdemeanor. The county attorney shall prosecute violations of this section in superior court.
F. For the purposes of this section, "day" means a shift of work.
Sec. 2. Section 38-610, Arizona Revised Statutes, is amended to read:
38-610. Leaves of absence for certain military and disaster training; definitions
A. The officers and employees of this state, any county, city or town or any agency or political subdivision of this state or a county, city or town shall be granted leaves of absence from their duties without loss of time, pay or efficiency rating:
1. On all days during which they are employed on training duty or to attend camps, maneuvers, formations or drills under orders with any branch or reserve of the armed forces of the United States for a the period of not to exceed thirty days in any two consecutive years prescribed in subsection C, paragraph 3 of this section.
2. On all days during which they are employed on training duty by the national disaster medical system under the United States department of health and human services.
B. The officers and employees of this state, any county, city or town or any agency or political subdivision of this state or a county, city or town shall be granted leaves of absence from their duties on all days during which they are employed on training duty or to attend camps, maneuvers, formations or drills under orders with any auxiliary of the armed forces of the United States. for a period of not to exceed thirty days in any two consecutive years. The state, any county, city or town or any agency or political subdivision of this state or a county, city or town may grant the leave of absence without loss of time, pay or efficiency rating as prescribed in subsection C, paragraph 3 of this section.
C. For the purposes of subsection A, paragraph paragraphs 1 and subsection B 3 of this section, the following apply:
1. An officer or employee shall may not be charged military leave for days on which the individual was not otherwise scheduled for work.
2. The period of time spent in training under orders shall may not be deducted from the vacation period with pay to which any the officer or employee is otherwise entitled.
3. The military leave period is based on the average total of regularly scheduled hours worked in a biweekly period. A full-time officer or employee who works two thousand eighty hours annually is entitled to up to one hundred twenty hours of military leave annually and up to two hundred forty hours in any two consecutive years. An officer or employee who is regularly scheduled to work more than two thousand eighty hours annually is entitled to fifteen days of military leave each fiscal year based on the total number of hours in the individual's regularly scheduled biweekly hours.
D. For the purposes of this section:
1. "Day" means a shift of work.
2. "Year" means the fiscal year of the United States government.