All officers and employees of the state, or a subdivision thereof, or a municipality therein, 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 of such leave of absence in any federal fiscal year, the officer or employee shall receive his full regular pay from the state, subdivision or municipality. During the remainder of such leave of absence in any federal fiscal year, the state, subdivision, or municipality may elect to pay the officer or employee an amount equal to the difference between his full regular pay from the state, subdivision or municipality and his National Guard pay. 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 his position during such absence, the authority having power to fill a vacancy in the position may appoint a substitute, to be known as acting incumbent, who shall qualify as required for the regular incumbent and shall receive the same salary as fixed by law, if any, or otherwise such salary 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 November 1, 2000 (superseded document available).