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The Vermont Statutes Online
Title
03
:
Executive
Chapter
011
:
STATE OFFICERS AND EMPLOYEES GENERALLY
§
263. Employees entering armed forces
(a) A person in
the permanent employ of the state of Vermont who is or has been inducted or
ordered into the active service of the armed forces of the United States or who
voluntarily enlists or was enlisted in such service in time of war or national
emergency, or who is ordered to active duty as a member of a reserve component
of the armed forces of the United States and thus for any of these causes
leaves a permanent position, shall be restored to such position or to a
position of like seniority, status and class, or the nearest approximation
thereto as he or she would have had if he or she had been continually employed
by the state, provided such person;
(1) terminates
such service or active duty with the armed forces at the conclusion of his
initial period of service or tour of duty, together with involuntary extensions
thereof, and furnishes a certificate or other valid evidence of satisfactory
completion of such military service;
(2) is still
qualified to perform the duties of his or her position with the state; and
(3) makes
application for reemployment within 90 days after being relieved of such
military service.
(b) If a person
returning to a position in state employment under the provisions of subsection
(a) of this section is not qualified to perform the duties of such position by
reason of disability sustained during such service but is qualified to perform
the duties of some other position in the employ of the state which is vacant,
such person shall be assigned to such other position so as to provide him or
her with the same seniority, status and class, or the nearest approximation
thereof as he or she would have had if he or she had been continuously employed
by the state.
(c) The words
permanent employment shall not be construed as including any position which is
elective or appointive wherein a term of office has expired.
