28-3-601. Public employees - annual military leave.

Statute text

(1) Subject to the conditions prescribed in sections 28-3-601 to 28-3-607, any officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state who is a member of the National Guard or any other component of the military forces of the state organized or constituted under state or federal law or who is a member of the reserve forces of the United States, organized or constituted under federal law, is entitled to leave of absence from the officer's or employee's public office or employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave, or other benefits for the entire time the officer or employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, but not exceeding the equivalent of three weeks of work on the officer's or employee's regular work schedule in the leave year established by the employer. The employer shall allow the leave if the required military service is satisfactorily performed, which is presumed unless the contrary is established.

(2) Such leave shall not be allowed unless the officer or employee returns to his or her public position immediately on being relieved from such military service and not later than the expiration of the time limited in subsection (1) of this section for such leave, or is prevented from so returning by physical or mental disability or other cause not due to his or her own fault, or is required by proper authority to continue in such military service beyond the time limited in subsection (1) of this section for such leave.

History

Source: L. 55: p. 619, 33. CRS 53: 94-9-33. C.R.S. 1963: 94-1-33. L. 2002: Entire section amended, p. 598, 41, effective May 24. L. 2009: (1) amended, (HB 09-1315), ch. 312, p. 1694, 4, effective August 5. L. 2023: (1) amended, (HB 23-1045), ch. 17, p. 51, 1, effective March 10.

Annotations

 

ANNOTATION

Annotations

Contractual provision not in conflict with statutory prohibition. A contractual provision requiring teachers on military leave to turn over to the school board payments received for reserve service does not, on its face, conflict with any statutory prohibition. Colo. Springs Teachers Ass'n v. Sch. Dist. No. 11, 622 P.2d 602 (Colo. App. 1980).