Bill Text: AZ HB2412 | 2018 | Fifty-third Legislature 2nd Regular | Chaptered
Bill Title: Leave of absence; day; definition
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-03-29 - Chapter 95 [HB2412 Detail]
Download: Arizona-2018-HB2412-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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CHAPTER 95
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HOUSE BILL 2412 |
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AN ACT
amending sections 26-168 and 38-610, Arizona Revised Statutes; relating to absence from employment.
(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
A. An employer shall not refuse to permit members of the national guard or the United States armed forces reserves to take leaves of absence from employment for the purpose of complying with competent orders of the state or United States for active duty, or to attend camps, maneuvers, formations or armory drills. The leaves of absence shall 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 or the United States armed forces reserves shall 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 or the United States armed forces reserves shall be 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 period during leave of absence not to exceed thirty days in any two consecutive years the individual is entitled to pay. For purposes of this section, an officer or employee shall 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 by the governor to perform training or duty under this section or section 26‑171, subsection C, section 26‑172 or section 26‑175, members of the Arizona national guard shall have the protections afforded to persons on 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 violating any provision of 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.
Sec. 2. Section 38-610, Arizona Revised Statutes, is amended to read:
38-610. Leave of absence for certain federal 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 period of not to exceed thirty days in any two consecutive years.
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.
C. For the purposes of subsection A, paragraph 1 and subsection B of this section, an officer or employee shall not be charged military leave for days on which the individual was not otherwise scheduled for work. The period of time spent in training under orders shall not be deducted from the vacation period with pay to which any officer or employee is otherwise entitled.
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.
APPROVED BY THE GOVERNOR MARCH 29, 2018.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 29, 2018.
