Miscellaneous Benefits for Veterans and Service Personnel

ORS 408.290
Benefits for public employees on temporary active duty in Armed Forces


(1)

Except as provided in subsection (2) of this section, for initial active duty for training and for all periods of annual active duty for training as a member of the National Guard, National Guard Reserve or of any reserve component of the Armed Forces of the United States or of the United States Public Health Service, any officer or employee of the state, or of any county, municipality or other subdivision of the state, is entitled, upon application therefor, to a leave of absence from duties for a period not exceeding 15 days in any one training year, without loss of time, pay or regular leave and without impairment of efficiency rating or other rights or benefits to which the officer or employee is entitled.

(2)

Unless the officer or employee has been employed by the state or by any county, municipality or other political subdivision of the state for a period of six months next preceding application, no officer or employee is entitled to receive pay for any period during which the officer or employee is on military leave.

(3)

As used in this section, “training year” means the federal fiscal year for any particular unit of the National Guard or a reserve component. [Amended by 1955 c.104 §1; 1969 c.368 §1; 1993 c.197 §1; 2011 c.18 §2]

Notes of Decisions

Administrative practice, coupled with legislative history, indicates that this section was intended only to provide fifteen consecutive calendar days paid military leave and not fifteen working days. Smith v. School District No. 1, 34 Or App 425, 578 P2d 502 (1978), Sup Ct review denied

Atty. Gen. Opinions

Employment and leave of absence rights of National Guard Reservists, (1975) Vol 37, p 702


Source

Last accessed
Jun. 26, 2021