Military Leave
9.3.1 Military Leave With Pay. Any employee who shall be a member of the National
Guard, the Naval Militia or any other component of the militia of the state, now or
hereafter organized or constituted under state or federal law, or who shall be a
member of the Officers Reserve Corps, the Enlisted Reserve Corps, the Naval
Reserve, the Marine Corps Reserve or any other reserve component of the military
or naval force of the United States, now or hereafter organized or constituted
under federal law, shall be entitled to leave of absence from employment without
loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits
for all the time when such employee is engaged with such organization or
component in training or active service ordered or authorized by proper authority
pursuant to law, whether for state or federal purposes, provided that such leave
shall not exceed a total of fifteen ( 15) days in any calendar year and further
provided that such leave shall be allowed only in case the required military or naval
service is satisfactorily performed, which shall be presumed unless the contrary is
established. Such leave shall not be allowed unless the employee 1) returns to
his/her position immediately upon being relieved from such military or naval
service and not later than the expiration of time herein limited for such leave; or 2)
is prevented from so returning by physical or mental disability or other cause not
due to such employee's own fault; or 3) is required by proper authority to continue
in such military or naval service beyond the time herein limited for such leave.
Any employee who is a member of the armed forces or National Guard and who is
called to active duty may be eligible for pay continuation pursuant to the
requirements of M.S. §471.975.
9.3.2 Military Leave Without Pay. Any employee who engages in active service in time
of war or other emergency declared by proper authority of any of the military or
naval forces of the state or of the United States for which leave is not otherwise
allowed by law shall be entitled to leave of absence from employment without pay
during such service with right of reinstatement and subject to such conditions as
are imposed by law. Such leaves of absence as are granted under Article 9.3
shall conform to Minnesota Statutes, Section 192, as amended from time to time
and shall confer no additional benefits other than those granted by said statute.