ST03 Arizona (December 2007; Updated August 2010)
1.18: USERRA and Other Laws
2.0: Paid Leave
Military Leave Under Arizona Law
By CAPT Samuel F. Wright, JAGC, USN (Ret.)
Arizona law provides as follows concerning military leave for public sector and private sector employees who are members of the National Guard.
“An employer shall not refuse to permit members of the National Guard to take leaves of absence from employment for the purpose of complying with competent orders of the state or United States for active duty, or to attend camps, maneuvers, formations or armory drills. The leaves of absence shall not affect vacation rights that employees otherwise have, except that an employer need not consider the period of absence as a period of work performed for him in determining eligibility for vacation and the amount of vacation pay to which the employee is entitled.
“A member of the National Guard of the United States shall not lose seniority or precedence while absent under competent military orders. On return to employment the employee shall be returned to his previous position, or to a higher position commensurate with his ability and experience as seniority or precedence would ordinarily entitle the employee.
“An officer or employee of the state, or any department or political subdivision of this state, who is a member of the National Guard or the United States armed forces reserves shall be entitled to leave of absence pursuant to section 38-610 from the individual's duties without loss of time or efficiency rating on all days during which the individual is engaged in field training as provided by this chapter and for a period during leave of absence not to exceed 30 days in any two consecutive years the individual shall be entitled to pay. For purposes of this section, an officer or employee shall not be charged military leave for days on which the individual was not otherwise scheduled for work.
“When ordered by the governor to perform training or duty under this section or section 26-171, subsection C, section 26-172 or section 26-175, members of the Arizona national guard shall have the protections afforded to persons on federal active duty by the Soldiers and Sailors Civil Relief Act of 1940 (54 stat. 1178, 50 U.S. Code Annotated App. sections 501 through 548 and 560 through 591), and by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA—108 Stat. 3149, 38 U.S. Code Annotated sections 4301 through 4333).
“A person violating any provision of subsection A or B of this section is guilty of a class 1 misdemeanor. The County Attorney shall prosecute violations of this section in superior court. (Arizona Revised Statutes, section 26-168).
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