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600 E Boulevard Ave
Dept 113
Bismarck, ND 58505-0120

Phone · 701.328.3290
Fax · 701.328.1475
Email · hrms@nd.gov

Employment Verification · 701.328.2677

Managers: Laws and Rules

Military Leave

All officers and employees of the State who are members of the National Guard, armed forces reserve, subject to call to service by the President, or those who volunteer for service when ordered by proper authority are entitled to a leave of absence without loss of pay or efficiency rating.

To be eligible, the employee must have been in the continuous employ of the state for ninety days preceding the leave of absence.

The employee is allowed twenty working days of leave per calendar year.

Should a mobilization occur, national or state authorized, the first thirty days shall be without a loss of pay, less any other paid leave of absence granted during the calendar year.

Weekend, daily or hourly periods of drill are excluded from the authorized twenty days leave of absence. If an employee is scheduled to work during those periods, the employee has the option to either take the time off with loss of pay, or be given the opportunity to reschedule the work period so that the training occurs during time off without loss of pay.

Employees returning from military leave following an extended period of active duty service have a protected right of return to their former position or one of like status and pay.

Recommendations

Agency administrators should ensure that when an employee is absent from work due to military leave, the proper records are prepared to clearly indicate the employee's status.

The thirty days referred to is interpreted to be thirty days of actual pay.

References

NDCC 37-01-25

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