WVC 6 -
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 11. LEAVE OF ABSENCE FOR PUBLIC OFFICERS ENTERING
§6-11-1. Persons entitled to leave.
Any person holding any office or position of public trust,
responsibility or service, elective or appointive, in the
government of this state or in any county, municipality or any
other unit or combined unit of government therein, who may enter
the military, naval, marine corps or coast guard service of the
United States of America, may obtain a leave of absence from such
office or position and, upon the completion of and discharge from
any of such armed services, shall have the right to reassume for
the unexpired or remaining term thereof, the office or position
held by such person at the time of entering any of such armed
services. The officer, court, tribunal, board or person having the
power to make an original appointment to such office or position,
or to make an appointment to fill a vacancy therein, shall, upon
request, grant such leave of absence. The reassumption of any
office or position as herein provided shall be without any
prejudice whatsoever to the status, merit rating or standing of the
holder thereof by reason of his absence therefrom while in the
aforesaid armed services of the United States.
§6-11-2. Period of replacement appointment.
Whenever the holder of any such public office or position
enters any of the services mentioned in section one hereof and
another is named to perform the duties of said person's office or
position, such other person shall not be named for a period longer
than the period served by the holder of such office in the
aforesaid armed services of the United States. The holder of any
executive office other than governor mentioned in section 1 of
article VII of the constitution of this state shall have the right
to name the person who shall perform the duties of his office, and
the person so named by such executive officer shall take over and
perform all the duties of the office and may exercise all the power
and authority of such executive office, in any manner pertaining
thereto, and shall receive the salary of such executive officer.
Such person shall be known as an "acting" officer.
§6-11-3. Article not to affect terms or authorize compensation to
persons not performing duties.
This article shall not be construed:
(a) As any attempt to enlarge or to extend the length of term
of any such public office or position or to create a definite term
where no definite term with respect to such office or position has
(b) As providing that the salary or wages payable to any
person holding any such public office or position and performing
the duties thereof shall be paid to such person when not performing
said duties because of such services in the armed forces of the
§6-11-4. Provisions of article retroactive.
The provisions of this article shall be retroactive as to all
such persons who have entered the armed services of the United
States since July one, one thousand nine hundred forty.
Note: WV Code updated with legislation passed through the 2012 1st Special Session