§263. Employees entering armed forces

Link to law: http://legislature.vermont.gov/statutes/section/03/011/00263
Published: 2015

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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.
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