§ 30-6-5. Pay differential for state employees on active duty.
(a) Employees of a state agency, who are eligible as defined within, may qualify for a
military pay differential, hereafter also referred to as a "differential�. Such differential
shall consist of the difference between the base pay for state employment that the
state employee would have received if not on active military duty and the military
pay that the employee on active military duty did receive, for the same time period.
The differential does not include the payment of overtime in state employment.
(b) In order to be eligible for a milit
Free access — add to your briefcase to read the full text and ask questions with AI
§ 30-6-5. Pay differential for state employees on active duty.
(a) Employees of a state agency, who are eligible as defined within, may qualify for a
military pay differential, hereafter also referred to as a "differential�. Such differential
shall consist of the difference between the base pay for state employment that the
state employee would have received if not on active military duty and the military
pay that the employee on active military duty did receive, for the same time period.
The differential does not include the payment of overtime in state employment.
(b) In order to be eligible for a military pay differential, a recipient must be a member
of the National Guard or a Reserve component of the United States Armed Forces who
is currently mobilized in support of a Presidential reserve call-up for active military
duty, who at the time of being called for active military duty was an employee of
a state department who otherwise qualifies for a military pay differential, as described
above.
(c) The state department where the state employee worked when called to active duty shall
periodically pay every employee who qualifies for a military pay differential. The
first such payment shall be paid to eligible state employees for military pay differentials
between July 1 and September 30. Such stipends shall be calculated for each three-month
(3) period thereafter, but shall terminate upon the employee's return from active
duty or after the employee has received the differential for one year, whichever comes
first.
(d) The director of the department of administration shall be responsible for developing
necessary rules and regulations in order to implement the provisions of this section.
These rules shall include a process for determining eligibility and the amount of
the differential.
(e) To the extent that compensation for being called to active military duty is not already
included in existing collective bargaining agreements, eligible employees of a state
agency will qualify for the military pay differential, as defined above. When a collective
bargaining agreement provides equal or greater benefits, the terms of the collective
bargaining agreement shall control for as long as those benefits under the contract
are applicable. Thereafter, those union employees shall be granted the difference
in pay as described above.