North Dakota Code 37-01-25 – Officers and employees of state or political subdivisions in national guard or federal service to retain status for period of active service or any military duty
All officers and employees of this state or of a political subdivision of this state who:
Terms Used In North Dakota Code 37-01-25
- Active service: means state active duty in case of public disaster, riot, tumult, breach of the peace, resistance of process, or the threat thereof, whenever called in aid of civil authorities, or under martial law, or at encampments, whether ordered by state or federal authorities, and includes the performance of any other duty requiring the entire time of the organization or person, except when called or drafted into the federal service by the president of the United States. See North Dakota Code 37-01-01
- Armed forces: means army, marine corps, navy, air force, space force, and coast guard. See North Dakota Code 37-01-01
- Military: means armed forces. See North Dakota Code 37-01-01
- National guard: means that part of the military forces of this state which is organized, equipped, and federally recognized under the provisions of the National Defense Act, as amended, of the United States as the "national guard, air national guard, of the United States and the state of North Dakota". See North Dakota Code 37-01-01
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- State active duty: means active service on behalf of the state under authority of the governor at the expense of the state. See North Dakota Code 37-01-01
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- year: means twelve consecutive months. See North Dakota Code 1-01-33
1. Are members of the national guard; 2. Are members of the armed forces reserve of the United States of America; 3. Shall be subject to call in the federal service by the president of the United States; or
4. Shall volunteer for such service, when ordered by proper authority to active noncivilian employment for any military duty, are entitled to a leave of absence from such civil service for the period of such active service or military duty including traveling to and from a duty station without loss of status or efficiency rating. If such persons have been in the continuous employ of the state or political subdivision for ninety days immediately preceding the leave of absence, they shall receive twenty workdays each calendar year without loss of pay. In addition, any leave of absence necessitated by a full or partial mobilization of the reserve and national guard forces of the United States of America, or emergency state active duty, must be without loss of pay for the first thirty days thereof less any other paid leave of absence which may have been granted during the calendar year pursuant to this section. If leave is required for any military duty or travel to and from a duty station on a day in which a public officer or employee is scheduled to perform the work of the state or of a political subdivision, the officer or employee must be given the option of time off with a concurrent loss of pay for the period missed, the use of leave of absence without loss of pay for the period missed, or an opportunity to reschedule the workperiod so the reserve or national guard military duty or travel to and from a duty station occurs during time off from work without loss of status or efficiency rating.