§ 19-11-108 — Leave of absence for state, city or county officers and employees; training programs

Wyoming § 19-11-108

• Jurisdiction: Wyoming
• Title 19: Defense Forces and Affairs
• Ch. 11: MILITARY SERVICE MEMBER PROTECTIONS
• Art. 1: MILITARY SERVICE RELIEF ACT

Text

(a) Any member of the national guard of any state or
United States armed forces reserve who is an officer or employee
of this state or any political subdivision, municipal
corporation or any public agency or entity of the state,
including community colleges, shall be given a military leave of
absence with pay at the regular salary or wage which the
employee normally receives, not to exceed fifteen (15) calendar
days in any one (1) calendar year to perform service in the
uniformed services in addition to any other leave or vacation
time to which the person is otherwise entitled.
(b) Subject to the conditions prescribed in paragraphs
(c)(i) through (v) of this section, any officer or employee of
the state or any political subdivision, municipal corporation or
public agency of the state who is a member of the national guard
of any state or any other component of the military forces of a
state, a member of the reserve armed forces of the United States
or who is inducted into the armed forces of the United States,
is entitled to leave of absence from his public office or
employment without pay but without loss of seniority, status,
efficiency rating, vacation, sick leave or other benefits while
he is engaged in active military training or service ordered or
authorized by proper authority pursuant to law exceeding fifteen
(15) days in any calendar year. Such leave is in addition to any
other military leave or vacation time to which the officer or
employee may be entitled by law if the required military service
is satisfactorily performed, which is presumed unless the
contrary is established.
(c) Upon completion of service as provided by subsection
(b) of this section, the officer or employee shall be reinstated
to the public position held at the time of entry into service or
a position of like seniority, status and pay, if available, upon
the following conditions:
(i) The position has not been abolished or the term
thereof, if limited, has not expired;
(ii) He is not physically or mentally disabled from
performing the duties of the position;
(iii) He makes written application for reinstatement
to the appointing authority within thirty (30) days following
release from military service or within ninety (90) days after
discharge from hospitalization or medical treatment which
immediately follows the termination of, and results from, the
service but not to exceed one (1) year and ninety (90) days
after termination of service notwithstanding hospitalization or
medical treatment;
(iv) He submits an honorable discharge or other
release by proper authority indicating his military service was
satisfactory; and
(v) The military service does not exceed five (5)
years plus any period of additional service imposed by law.
(d) Upon reinstatement, the officer or employee has the
same rights with respect to accrued and future seniority,
status, efficiency rating, vacation, sick leave and other
benefits as if he had been actually employed during the time of
leave. During the absence, the state of Wyoming or a political
subdivision shall discontinue its share of payments for social
security, insurance of any type and state retirement unless the
employee elects to contribute to the state retirement plan
during his absence and the job or office remains open pending
his return in which case the state of Wyoming or a political
subdivision will likewise contribute its share. No officer or
employee reinstated shall be removed or discharged within one
(1) year thereafter except for cause, after notice and hearing,
but this shall not operate to extend a term of service or office
limited by law.
(e) This section shall be liberally construed in favor of
the member of the national guard of any state or United States
armed forces who is an officer or employee of this state or any
political subdivision, municipal corporation or any public
agency of this state.