(a) Any classified civil service employee, including a probationary employee, who is a member of the National Guard or of any reserve component of the Armed Forces shall have such employment rights and benefits to which he is entitled under 38 U.S.C. 4301 et seq., including, but not limited to, an unpaid leave of absence for which an employee may elect, but may not be required, to use vacation or sick leave; reemployment rights dependent on length of military service; benefits and rights based on seniority that an employee would have attained had he or she remained continuously employed; and any non-seniority benefits or rights that are available to employees on comparable nonmilitary leaves of absence, all subject to the terms, limitations, and requirements under applicable law.
(b) In addition to the benefits provided under subsection (a), every classified civil service employee, including a probationary employee, who is a member of the National Guard or of any reserve component of the Armed Forces of the United States shall be entitled, while in the performance of duty or training in the service of this state or the United States, to reservist military service leave, with pay for a period of twenty-one (21) calendar days in any one (1) federal fiscal year (October 1—September 30). Any unused military leave in a federal fiscal year shall be carried over to the next federal fiscal year. Any unused reservist military leave shall expire two (2) federal fiscal years after it has accrued.
(c) Reservist military service leave provided for in this section shall be in addition to regular vacation.
(Ord. No. 139-78, § 1(21-40), 6-29-78; Ord. No. 212-81, § 1, 11-24-81; Ord. No. 225-86, § 1, 10-21-86; Ord. No. 122-2007, § 1, 6-7-07; Ord. No. 059-2022 , § 33, 7-5-2022)