§ 37-01-25 — Officers and employees of state or political subdivisions in national guard or federal service to retain status for period of active service or any military duty

or federal service to retain status for period of active service or any military duty.
1. For purposes of this section, "officer or employee" means:
a. A member of the national guard;
b. A member of the armed forces reserve of the United States of America;
c. An individual subject to call in the federal service by the president of the United
States; or
d. An individual who volunteers for federal service.
2. An officer or employee of the state or a political subdivision, when ordered by proper
authority to active noncivilian employment for any military duty, is entitled to a leave of
absence from the civil service for the period of the active service or military duty
including traveling to and from a duty station without loss of status or efficiency rating.
3. If the individual has been in the employ of the state or political subdivision immediately
preceding the leave of absence, the individual is entitled to twenty workdays each
calendar year without loss of pay.
4. A leave of absence necessitated by a full or partial mobilization of the reserve and
national guard forces of the United States of America, or emergency state active duty,
must be without loss of pay for the first thirty days of the absence less any other paid
leave of absence which may have been granted during the calendar year in
accordance with this section.
5. If leave is required for any military duty or travel to and from a duty station on a day in
which a public officer or employee is scheduled to perform the work of the state or of a
political subdivision, the officer or employee must be given the option of:
a. Time off with a concurrent loss of pay for the period missed;

b. Use of leave of absence without loss of pay for the period missed; or
c. Opportunity to reschedule the workperiod so the reserve or national guard military
duty or travel to and from a duty station occurs during time off from work without
loss of status or efficiency rating.