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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1619
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NICOLA.
6920S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 41.942 and 105.270, RSMo, and to enact in lieu thereof two new sections
relating to leaves of absence for military service, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 41.942 and 105.270, RSMo, are repealed 1
and two new sections enacted in lieu thereof, to be known as 2
sections 41.942 and 105.270, to read as follows:3
41.942. 1. Notwithstanding the provisions of 1
subsection 1 of section 105.270, any officer or employee of 2
this state, or of any department or agency of this state, or 3
of any county, municipality, school district or other 4
political subdivision, and any other public employee of this 5
state, who is or may become a member of the National Guard 6
or of any reserve component of the Armed Forces of the 7
United States and who is engaged in the performance of duty 8
in the service of the United States under competent orders 9
for an extended and indefinite period of time, shall be 10
entitled to leave of absence from his or her respective 11
duties as a public officer or employee until such military 12
service is completed without loss of position, seniority, 13
accumulated leave, impairment of performance appraisal, pay 14
status, work schedule including shift, working days and days 15
off assigned to the officer or employee at the time leave 16
commences, and any other right or benefit to which the 17
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officer or employee is entitled, and no retirement benefit 18
shall be diminished or eliminated because of such service. 19
2. The officer or employee shall file with the 20
appointing authority or supervising agency an official order 21
from the appropriate military authority as evidence of such 22
duty for which the leave of absence is granted. 23
3. A volunteer firefighter, as defined in section 24
320.333, shall be entitled to all protections of this 25
section applicable to public employees other than 26
protections relating to monetary compensation, as defined in 27
section 320.333. 28
105.270. 1. All officers and employees of this state, 1
or of any department or agency thereof, or of any county, 2
municipality, school district, or other political 3
subdivision, and all other public employees of this state 4
who are or may become members of the National Guard or of 5
any reserve component of the Armed Forces of the United 6
States, shall be entitled to leave of absence from their 7
respective duties, without loss of time, pay, regular leave, 8
impairment of efficiency rating, or of any other rights or 9
benefits, to which otherwise entitled, for all periods of 10
military services during which they are engaged in the 11
performance of duty or training in the service of this state 12
at the call of the governor and as ordered by the adjutant 13
general without regard to length of time, and for all 14
periods of military services during which they are engaged 15
in the performance of duty in the service of the United 16
States under competent orders for a period not to exceed a 17
total of [one hundred twenty hours] thirty-eight working 18
days in any federal fiscal year. 19
2. Before any payment of salary is made covering the 20
period of the leave the officer or the employee shall file 21
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with the appointing authority or supervising agency an 22
official order from the appropriate military authority as 23
evidence of such duty for which military leave pay is 24
granted which order shall contain the certification of the 25
officer or employee's commanding officer of performance of 26
duty in accordance with the terms of such order. 27
3. No member of the organized militia shall be 28
discharged from employment by any of the aforementioned 29
agencies because of being a member of the organized militia, 30
nor shall he or she be hindered or prevented from performing 31
any militia service he or she may be called upon to perform 32
by proper authority nor otherwise be discriminated against 33
or dissuaded from enlisting or continuing his or her service 34
in the militia by threat or injury to him or her in respect 35
to his or her employment. Any officer or agent of the 36
aforementioned agencies violating any of the provisions of 37
this section is guilty of a misdemeanor. 38
4. Notwithstanding the provisions of any other 39
administrative rule or law to the contrary, any person 40
entitled to military leave pursuant to the provisions of 41
subsection 1 of this section shall only be charged military 42
leave for any hours which that person would otherwise have 43
been required to work had it not been for such military 44
leave. The minimum charge for military leave shall be one 45
hour and additional charges for military leave shall be in 46
multiples of the minimum charge. 47
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