1. (a) An officeholder who:

   1. (1) is called into active duty in the:

      1. (A) armed forces of the United States; or
      2. (B) national guard; and

   2. (2) as a result of the action described in subdivision (1), is unable to perform the duties of the officeholder's office;

      is entitled to a leave of absence from the officeholder's office for the period of the active duty.

2. (b) An officeholder has not vacated the officeholder's office by taking a leave of absence described in subsection (a).

As added by P.L.79-2004, SEC.1.