Colorado § 28-3-604 Reinstatement

Colorado Statutes

§ 28-3-604 — Reinstatement

Colorado·Title 28 Military and·Art. National Guard

(1)Except as otherwise provided in sections 28-3-601 to 28-3-607, upon the completion of such service, an officer or employee must be reinstated in the public position that the officer or employee held at the time of entry into such service or a public position of like seniority, status, and pay if such a position is available at the same salary that the officer or employee would have received if the officer or employee had not taken the leave upon the following conditions:

(a)That the position has not been abolished or that the term thereof, if limited, has not expired;

(b)Repealed.

(c)That he or she makes written application for reinstatement to the appointing authority within ninety days after discharge from hospitalization or medical treatment which immediately follows t

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(1) Except as otherwise provided in sections 28-3-601 to 28-3-607, upon the completion of such service, an officer or employee
must be reinstated in the public position that the officer or employee held at the
time of entry into such service or a public position of like seniority, status, and pay if
such a position is available at the same salary that the officer or employee would
have received if the officer or employee had not taken the leave upon the following
conditions:

(a) That the position has not been abolished or that the term thereof, if
limited, has not expired;

(b) Repealed.

(c) That he or she makes written application for reinstatement to the
appointing authority within ninety days after discharge from hospitalization or
medical treatment which immediately follows the termination of and results from
such service, but such application shall be made within one year and ninety days
after termination of such service, notwithstanding such hospitalization or medical
treatment;

(d) That he or she submits an honorable discharge or other form of release
by proper authority indicating that his or her military service was satisfactory.

(2) Upon such reinstatement, the officer or employee shall have the same
rights with respect to accrued and future seniority status, efficiency rating,
vacation, sick leave, and other benefits as if he or she had been actually employed
during the time of such leave. No officer or employee so reinstated shall be
removed or discharged within one year thereafter, except for cause and after notice
and hearing; but this shall not operate to extend a term of service or office limited
by law.

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Legislative History

Source: L. 55: p. 620, � 36. CRS 53: � 94-9-36. C.R.S. 1963: � 94-1-36. L. 2002: IP(1), (1)(b), (1)(c), (1)(d), and (2) amended, p. 599, � 44, effective May 24. L. 2023: IP(1) amended and (1)(b) repealed, (HB 23-1045), ch. 17, p. 52, � 4, effective March 10.