ENGROSSED
H. B. 604
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced October 21, 2001; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section one, article one-f, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the leave of
absence term for public officials and employees for drills,
parades, active duty and other military obligations.
Be it enacted by the Legislature of West Virginia:
That section one, article one-f, chapter fifteen of the code
of West Virginia, one thousand nine hundred thirty-one, 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 of the national
guard or any military reserve unit of the United States armed
services armed forces reserves, shall be entitled to military leave
of absence from their respective offices or employments without
loss of pay, status or efficiency rating, on the days during which
they shall are ordered, by properly designated authority, to be
engaged in drills, parades or other duty, during business hours,
ordered by proper authority, or for field training or active
service of the state, for a maximum period of thirty working days
in any one calendar year. Provided,
That effective the second day
of August, one thousand nine hundred ninety,
(b) Effective the eleventh day of September, two thousand one,
all officers and employees of the state, or subdivisions or
municipalities thereof, who are ordered or called to active duty
by the President of the United States properly designated federal
authority shall be entitled to an additional military leave of
absence from their respective offices or employments without loss
of pay, status or efficiency rating for a maximum period of thirty
working days for a single call to active duty: Provided, That an
officer or employee of the state, or subdivisions or municipalities
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 entitled to add the number of unused days from that calendar year to the thirty working days 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) 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 officer or
employee may have received other compensation from federal or state
sources during the same period.