Title 38, Chapter 2, Section 279
( 38-2-279)
(a) Definitions. As used in this Code section, the term: (1) "Ordered military duty" means: (A) Any military duty performed in the service of the state or
of the United States including but not limited to attendance at
any service school or schools conducted by the armed forces of
the United States by a public officer or employee as a voluntary
member of any force of the organized militia or of any reserve
force or reserve component of the armed forces of the United
States pursuant to orders issued by competent state and federal
authority without the consent of such public officer or
employee. (B)(i) Except as provided in division (ii) of this
subparagraph, such duty, performed for a period or periods not
exceeding a total of 30 days in any one federal fiscal year,
shall be deemed ordered military duty regardless of whether
the orders are or may be issued with the consent of the public
officer or employee. (ii) If such duty exceeds a total of 30 days in the calendar
year 1997 but does not exceed a total of 30 days in the
federal fiscal year beginning on October 1, 1997, and ending
on September 30, 1998, it shall be deemed ordered military
duty regardless of whether the orders are or may be issued
with the consent of the public officer or employee. (2) "Public officer or employee" means every person, by whatever
title, description, or designation known, who receives any pay,
salary, or compensation of any kind from the state, a county,
municipal corporation, or any other political subdivision or who
is in any department of the state, but shall not include persons
employed by the state, a county, municipal corporation, or any
other political subdivision on a temporary basis. (b) Leave of absence while engaged in performance of ordered
military duty. Every public officer or employee shall be entitled to
absent himself or herself and shall be deemed to have a leave of
absence from duties or service as a public officer or employee while
engaged in the performance of ordered military duty and while going
to and returning from such duty. (c) Leave of absence while attending service schools. Every public
officer or employee who is or becomes a voluntary member of any
force of the organized militia or of any reserve force or reserve
component of the armed forces of the United States shall be entitled
to absent himself or herself and shall be deemed to have a leave of
absence from duties or service as a public officer or employee while
in attendance as a member of such force or reserve component at any
service school or schools conducted by the armed forces of the
United States for a period or periods up to and including six months
and while going to and returning from the school or schools,
notwithstanding that orders for such attendance are or may be issued
with the consent of the public officer or employee. However, no
public officer or employee shall be entitled to absent himself or
herself in excess of a total of six months during any four-year
period.
(d) Employment rights. Time during which a public officer or
employee is absent pursuant to subsections (b) and (c) of this Code
section shall not constitute an interruption of continuous
employment and, notwithstanding any general, special, or local law
or any city charter, no such officer or employee shall be subjected
directly or indirectly to any loss or diminution of time, service,
increment, vacation, holiday privileges, or any other right or
privilege by reason of such absence or be prejudiced with reference
to continuance in office or employment, reappointment to office,
reemployment, reinstatement, transfer, or promotion by reason of
such absence. (e) Pay for 18 days; emergency pay. (1) Except as provided in paragraph (2) of this subsection, every
public officer or employee shall be paid his or her salary or
other compensation as such public officer or employee for any and
all periods of absence while engaged in the performance of ordered
military duty and while going to and returning from such duty, not
exceeding a total of 18 days in any one federal fiscal year and
not exceeding 18 days in any one continuous period of absence. In
the event the Governor declares an emergency and orders any public
officer or employee to state active duty as a member of the
National Guard, any such officer or employee, while performing
such duty, shall be paid his or her salary or other compensation
as a public officer or employee for a period not exceeding 30 days
in any one federal fiscal year and not exceeding 30 days in any
one continuous period of such state active duty service. (2) If such periods of absence exceed a total of 18 days or, in
the event the Governor declares an emergency, 30 days for the
calendar year 1997 but does not exceed such limits for the federal
fiscal year beginning October 1, 1997, and ending September 30,
1998, every public officer or employee shall be paid his or her
salary or other compensation as such public officer or employee as
if the absence was 18 or 30 days or less, as the case may be, as
specified in paragraph (1) of this subsection. (f) Rights and contributions under retirement systems. (1) The amount of required contributions to any pension or
retirement system of which a public officer or employee, absent
while engaged in the performance of ordered military duty, is a
member shall be deducted from the salary or other compensation
paid to such public officer or employee as a public officer or
employee as provided in this Code section. If the required
contributions exceed the amount of such salary or other
compensation to which a public officer or employee is entitled
while engaged in the performance of military duty, the amount of
the salary or other compensation shall be applied upon the
required contributions; and the public officer or employee shall
have the right to pay to the pension or retirement system the
amount by which the contributions exceed the salary or other
compensation. The public officer or employee shall also have the
right to pay to the system, for any period of such absence during
which he or she shall receive no salary or other compensation as a
public officer or employee, the amount that he or she would have
contributed to the system if he or she had been present and
continuously engaged in the performance of the duties of his or
her position during such period.
(2) Payments made pursuant to paragraph (1) of this subsection,
other than those deducted from his or her salary or other
compensation as an officer or employee, may be paid from time to
time at any time while engaged in ordered military duty or within
five years after the date of termination of the ordered military
duty or, in the event of the death of the public officer or
employee while engaged in ordered military duty, the payments or
any part thereof may be made by the named beneficiary or the legal
representative of the public officer's or employee's estate within
one year following proof of such death. (3) To the extent that contributions made pursuant to paragraphs
(1) and (2) of this subsection are paid, the period of absence
while engaged in the performance of ordered military duty shall be
counted in determining the length of total service under the
pension or retirement system. (4) While engaged in the performance of ordered military duty, any
such public officer or employee or his or her beneficiary, as the
case may be, shall be entitled to all the benefits of the pension
or retirement system of which such public officer or employee is a
member, except accidental disability retirement and accidental
death benefit. (g) Exception as to draftees, etc. This Code section shall not apply
to: (1) Any public officer or employee who was or is involuntarily
transferred, assigned, drafted, or inducted to or into any of the
forces of the organized militia or any of the reserve forces or
reserve components of the armed forces of the United States; or (2) Any public officer or employee who was or is inducted into the
armed forces of the United States, but not as a member of any
force of the organized militia or of any reserve force or reserve
component of the armed forces of the United States. |