105.270. Leave of absence to perform military duties mandatory--discrimination against militia members a misdemeanor--hours of leave, how computed.

MISSOURI STATUTES AND CODES

105.270. Leave of absence to perform military duties mandatory--discrimination against militia members a misdemeanor--hours of leave, how computed.

Leave of absence to perform military duties mandatory--discriminationagainst militia members a misdemeanor--hours of leave, how computed.

105.270. 1. All officers and employees of this state, or of anydepartment or agency thereof, or of any county, municipality, schooldistrict, or other political subdivision, and all other public employees ofthis state who are or may become members of the national guard or of anyreserve component of the armed forces of the United States, shall beentitled to leave of absence from their respective duties, without loss oftime, pay, regular leave, impairment of efficiency rating, or of any otherrights or benefits, to which otherwise entitled, for all periods ofmilitary services during which they are engaged in the performance of dutyor training in the service of this state at the call of the governor and asordered by the adjutant general without regard to length of time, and forall periods of military services during which they are engaged in theperformance of duty in the service of the United States under competentorders for a period not to exceed a total of one hundred twenty hours inany federal fiscal year.

2. Before any payment of salary is made covering the period of theleave the officer or the employee shall file with the appointing authorityor supervising agency an official order from the appropriate militaryauthority as evidence of such duty for which military leave pay is grantedwhich order shall contain the certification of the officer or employee'scommanding officer of performance of duty in accordance with the terms ofsuch order.

3. No member of the organized militia shall be discharged fromemployment by any of the aforementioned agencies because of being a memberof the organized militia, nor shall he be hindered or prevented fromperforming any militia service he may be called upon to perform by properauthority nor otherwise be discriminated against or dissuaded fromenlisting or continuing his service in the militia by threat or injury tohim in respect to his employment. Any officer or agent of theaforementioned agencies violating any of the provisions of this section isguilty of a misdemeanor.

4. Notwithstanding the provisions of any other administrative rule orlaw to the contrary, any person entitled to military leave pursuant to theprovisions of subsection 1 of this section shall only be charged militaryleave for any hours which that person would otherwise have been required towork had it not been for such military leave. The minimum charge formilitary leave shall be one hour and additional charges for military leaveshall be in multiples of the minimum charge.