COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 382

(By Senators Wells, Jenkins, Stollings, Plymale, Beach, Yost and Sypolt)

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[Originating in the Committee on Military;

reported February 15, 2011.]

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A BILL to amend and reenact §15-1F-1 of the Code of West Virginia, 1931, as amended, relating to specifying additional activities for which members of the National Guard or armed forces reserve who are also public officials and employees are entitled to a military leave of absence; and setting the maximum number of hours which may be accumulated for a military leave of absence.

Be it enacted by the Legislature of West Virginia:

    That §15-1F-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1F. PRIVILEGES AND PROHIBITIONS.

§15-1F-1. Leave of absence for public officials and employees for drills, parades, active duty, etc.

    (a) All officers and employees of the state, or subdivisions or municipalities thereof, who shall be members Any officer or employee of state, county or municipal government hired for permanent employment who is a member of the National Guard or Armed Forces Reserves, shall be armed forces reserve, is entitled to a military leave of absence from their his or her respective offices or employments office or employment without loss of pay, status or efficiency rating, on the days during which they are he or she is ordered, by properly designated authority, to be engaged in drills, inactive duty training, parades, funeral details, service schools or other duty, during business hours, field training, annual training or other full-time National Guard duty pursuant to Title 10 or Title 32 of the United States Code, or active service of the state, for a maximum period of thirty working days, not to exceed two hundred forty hours in any one calendar year.

    (b) Effective September 11, 2001, All officers and employees of the state, or subdivisions or municipalities thereof, who are Any officer or employee of state, county or municipal government hired for permanent employment ordered or called to active duty for a mobilization or deployment under Title 10 of the United States Code or in support of a contingency operation as defined in 10 U.S.C. §101(a)(13) by the properly designated federal authority shall be is entitled to a military leave of absence from their his or her respective offices or employments office or employment without loss of pay, status or efficiency rating for a maximum period of thirty working days, not to exceed two hundred forty hours for a single call to active duty: Provided, That an officer or employee of the state, or subdivisions or municipalities state, county or municipal government called to active duty who has not used all or some portion of the thirty working days of military leave of absence granted by subsection (a) shall be of this section is entitled to add the number of unused days from that calendar year to the thirty working days, not to exceed two hundred forty hours granted by this subsection, up to a maximum of sixty days for a single call to active duty: Provided, however, That none of the unused days of military leave of absence granted by subsection (a) of this section may be carried over and used in the next calendar year.

    (c) The term "without loss of pay" means that the officer or employee shall continue to receive his or her normal salary or compensation, notwithstanding the fact that such the officer or employee may have received other compensation from federal or state sources during the same period.