Bill Text: MN SF1119 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Military leave use for state and municipal employees provisions clarification
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-03-21 - Comm report: To pass and re-referred to Finance [SF1119 Detail]
Download: Minnesota-2013-SF1119-Introduced.html
1.2relating to the military; clarifying that an employee may choose when to use paid
1.3military leave;amending Minnesota Statutes 2012, section 192.26.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 192.26, is amended to read:
1.6192.26 STATE AND MUNICIPAL OFFICERS AND EMPLOYEES NOT TO
1.7LOSE PAY WHILE ON MILITARY DUTY.
1.8 Subdivision 1. Authorized leave. Subject to the conditions hereinafter prescribed,
1.9any officer or employee of the state or of any political subdivision, municipal corporation,
1.10or other public agency of the state who shall be a member of the National Guard, or any
1.11other component of the militia of the state now or hereafter organized or constituted
1.12under state or federal law, or who shall be a member of the officers' reserve corps, the
1.13enlisted reserve corps, the Naval Reserve, the Marine Corps reserve, or any other reserve
1.14component of the military or naval forces of the United States now or hereafter organized
1.15or constituted under federal law, shall be entitled to leave of absence from the public
1.16office or employment without loss of pay, seniority status, efficiency rating, vacation,
1.17sick leave, or other benefits for all the time when engaged with such organization or
1.18component in training or active service ordered or authorized by proper authority pursuant
1.19to law, whether for state or federal purposes, but not exceeding a total of 15 days in any
1.20calendar year. The state or political subdivision, municipal corporation, or other public
1.21agency shall allow the officer or employee to choose when during the calendar year to
1.22take the 15 days of paid military leave. The officer or employee may choose to use all of
1.23the 15 days of paid military leave at one time or, in the alternative, the 15 days of paid
1.24military leave may be divided and taken throughout the calendar year at the discretion of
2.1the officer or employee. Such leave shall be allowed only in case the required military or
2.2naval service is satisfactorily performed, which shall be presumed unless the contrary is
2.3established. Such leave shall not be allowed unless the officer or employee (1) returns to
2.4the public position immediately on being relieved from such military or naval service and
2.5not later than the expiration of the time herein limited for such leave, or (2) is prevented
2.6from so returning by physical or mental disability or other cause not due to the officer's or
2.7employee's own fault, or (3) is required by proper authority to continue in such military or
2.8naval service beyond the time herein limited for such leave.
1.3military leave;amending Minnesota Statutes 2012, section 192.26.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 192.26, is amended to read:
1.6192.26 STATE AND MUNICIPAL OFFICERS AND EMPLOYEES NOT TO
1.7LOSE PAY WHILE ON MILITARY DUTY.
1.8 Subdivision 1. Authorized leave. Subject to the conditions hereinafter prescribed,
1.9any officer or employee of the state or of any political subdivision, municipal corporation,
1.10or other public agency of the state who shall be a member of the National Guard, or any
1.11other component of the militia of the state now or hereafter organized or constituted
1.12under state or federal law, or who shall be a member of the officers' reserve corps, the
1.13enlisted reserve corps, the Naval Reserve, the Marine Corps reserve, or any other reserve
1.14component of the military or naval forces of the United States now or hereafter organized
1.15or constituted under federal law, shall be entitled to leave of absence from the public
1.16office or employment without loss of pay, seniority status, efficiency rating, vacation,
1.17sick leave, or other benefits for all the time when engaged with such organization or
1.18component in training or active service ordered or authorized by proper authority pursuant
1.19to law, whether for state or federal purposes, but not exceeding a total of 15 days in any
1.20calendar year. The state or political subdivision, municipal corporation, or other public
1.21agency shall allow the officer or employee to choose when during the calendar year to
1.22take the 15 days of paid military leave. The officer or employee may choose to use all of
1.23the 15 days of paid military leave at one time or, in the alternative, the 15 days of paid
1.24military leave may be divided and taken throughout the calendar year at the discretion of
2.1the officer or employee. Such leave shall be allowed only in case the required military or
2.2naval service is satisfactorily performed, which shall be presumed unless the contrary is
2.3established. Such leave shall not be allowed unless the officer or employee (1) returns to
2.4the public position immediately on being relieved from such military or naval service and
2.5not later than the expiration of the time herein limited for such leave, or (2) is prevented
2.6from so returning by physical or mental disability or other cause not due to the officer's or
2.7employee's own fault, or (3) is required by proper authority to continue in such military or
2.8naval service beyond the time herein limited for such leave.
