All officers and employees of the state or a political subdivision thereof who are members of the National Guard, shall, when ordered by proper authority to active or inactive service, be entitled to a leave of absence from such civil employment for the period of such active service, without loss of status or efficiency rating. During the first twenty (20) calendar days for employees of political subdivisions or the first twenty (20) regular scheduled work days for state employees of such leave of absence in any federal fiscal year, the officers or employees shall receive their full regular pay from the employing state agency or political subdivision . During the remainder of such leave of absence in any federal fiscal year, the employing state agency or political subdivision may elect to pay them an amount equal to the difference between the officers’ or employees’ full regular pay from the employing state agency or political subdivision and their National Guard pay, except that state officers and employees shall receive the difference between their full regular pay and their National Guard pay when they are ordered by proper authority to active or inactive service retroactive to the date that the state officer or employee reported to active service on or after September 11, 2001, during the period that Operation Enduring Freedom is in effect. The durational limit of protected military service as provided for in this section shall not be less than that provided by federal law. If it is necessary in the public interest to provide for the performance of the duties of their positions during such absence, the authority having power to fill a vacancy in the positions may appoint substitutes, to be known as acting incumbents, who shall qualify as required for the regular incumbents and shall receive the same pay as fixed by law, if any, or otherwise such pay as may be fixed by proper authority.

The Office of Personnel Management shall promulgate rules as necessary to implement the provisions of this section that relate to state employees.

Laws 1935, SB 235, c. 25, art. I, p. 92, § 5, emerg. eff. April 19, 1935; Amended by Laws 1973, SB 291, c. 275, § 1, emerg. eff. May 30, 1973; Amended by Laws 1988, HB 1650, c. 31, § 1, eff. October 1, 1988; Amended by Laws 1991, HB 1103, c. 232, § 3, emerg. eff. May 24, 1991; Amended by Laws 1994, HB 1849, c. 94, § 2, emerg. eff. July 1, 1994; Amended by Laws 2000, SB 1246, c. 240, § 3, eff. November 1, 2000 (superseded document available); Amended by Laws 2002, HB 2264, c. 396, § 1, eff. June 6, 2002 (superseded document available).