§ 28-1-104 — Public employees - leave of absence

Colorado § 28-1-104

• Jurisdiction: Colorado
• Title 28: Military and
• Art.: Civil Air Patrol

Text

(1) Any member who is an
officer or employee of the state or of any political subdivision, municipal
corporation, or other public agency of the state and who is called to duty for a civil
air patrol mission is entitled to a leave of absence from the member's office or
employment for the time when the member is engaged in the civil air patrol mission
without loss of pay, seniority, status, efficiency rating, vacation, sick leave, or other
benefits. The leave without loss of pay that is allowed pursuant to this section shall
not exceed a total of fifteen workdays in the leave year established by the
employer; except that such leave without loss of pay shall be allowed only if the
required civil air patrol service is satisfactorily performed, which shall be presumed
unless the contrary is established.

(2) The leave allowed pursuant to subsection (1) of this section shall be
allowed only if the member returns to his or her public position the next scheduled
workday after being relieved from service for the civil air patrol mission; except that
leave shall be allowed pursuant to subsection (1) of this section if the member is
unable to return to work due to injury or circumstances beyond the member's
control and the member notifies the employer as soon as practicable, but prior to
the next scheduled workday.

(3) A state agency or any political subdivision, municipal corporation, or
other public agency of the state may hire a temporary employee to fill a vacancy
created by a leave of absence allowed pursuant to subsection (1) of this section.

(4) Upon returning from a leave of absence allowed pursuant to this section,
a member is entitled to return to the same position and classification held by the
member before the leave of absence for the civil air patrol mission or to the
position, including the geographic location of the position, and classification that
the member would have been entitled to if the member did not take a leave of
absence for the civil air patrol mission.

(5) A member who is an officer or employee of the state or of any political
subdivision, municipal corporation, or other public agency of the state, receiving a
leave of absence pursuant to this section and having rights in any state, municipal,
or other public pension, retirement, or relief system shall retain all of the rights
accrued up to the time of taking the leave and shall have all rights subsequently
accruing under such system as if the member did not take the leave. Any increase in
the amount of money benefits accruing with respect to the time of the leave is
dependent upon the payment of any contributions or assessments, and the right to
the increase is dependent upon the payment of contributions or assessments within
a reasonable time after the termination of the leave and upon such terms as the
authorities in charge of the system may prescribe.

Legislative History

Source: L. 2008: Entire section added, p. 609, � 1, effective August 5. L. 2009: (1) and (2) amended, (HB 09-1315), ch. 312, p. 1694, � 3, effective August 5.