44-93 - Leaves of absence for employees of Commonwealth or political subdivisions.
§ 44-93. Leaves of absence for employees of Commonwealth or politicalsubdivisions.
A. All officers and employees of the Commonwealth or of any politicalsubdivision of the Commonwealth who are former members of the armed servicesor members of the organized reserve forces of any of the armed services ofthe United States, National Guard, or naval militia shall be entitled toleaves of absence from their respective duties, without loss of seniority,accrued leave, or efficiency rating, on all days during which they areengaged in federally funded military duty, to include training duty, or whencalled forth by the Governor pursuant to the provisions of § 44-75.1 or §44-78.1.
There shall be no loss of regular employer pay during such leaves of absence,except that paid leaves of absence for federally funded military duty, toinclude training duty, shall not exceed fifteen workdays per federal fiscalyear, and except that no officers or employees shall receive paid leave formore than fifteen workdays per federally funded tour of active military duty.
When relieved from such duty, they shall be restored to positions held bythem when ordered to duty. If the office or position has been abolished orotherwise has ceased to exist during such leave of absence, they shall bereinstated in a position of like seniority, status and pay, if the positionexists, or in a comparable vacant position for which they are qualified,unless to do so would be unreasonable.
For the purposes of this section, with respect to employees of theCommonwealth or its political subdivisions who do not normally workapproximately equal workdays on five or more days of each calendar week, theterm "workday" shall mean 1/260 of the total working hours such employeewould be scheduled to work during an entire federal fiscal year, not takinginto account any state holidays, annual leave, military leave, or otherabsences. Where such employee returns from federally funded military duty andthe eight-hour rest period required by the Uniformed Services Employment andReemployment Rights Act (38 U.S.C. § 4301 et seq.) overlaps such employee'sscheduled work shift, the employee shall receive paid military leave to theextent of such overlap.
B. In addition to the provisions of subsection A, any local government maypay such employee when activated for federally funded military duty all orany portion of the difference between his regular pay and the military payreceived during all or any part of the term of active federally funded duty.
(1930, p. 966; Michie Code 1942, § 2673(78); 1958, c. 393; 1964, c. 227;1966, c. 295; 1968, c. 503; 1983, c. 590; 1984, c. 540; 1985, c. 103; 1986,c. 611; 1989, cc. 414, 474; 1991, c. 653; 2002, cc. 212, 354; 2006, c. 621.)