Sec. 5-255. Reinstatement of state employees after service in armed forces. Term of employment to include military service.
Sec. 5-255. Reinstatement of state employees after service in armed forces.
Term of employment to include military service. (a) Any employee who leaves or
had left the state service for the purpose of entering the armed forces of the United States
shall be reinstated in his former position and duties, provided, within ninety days after
he has received a certificate of satisfactory service from the armed forces, he makes or
has made application for return to the state service. The terms of employment in the
service of the state shall be construed to include, in the case of such employee, the period
of his leave from state service. The appointing authority of any state agency in which such
employee is reinstated shall certify in writing to the Commissioner of Administrative
Services that such employee is able and qualified to perform the work required and that
there is work available for him. In considering the factor of availability of work, the
state shall replace by the returning employee any employee, junior in service, who was
employed for the purpose of filling the position vacated by such returning employee.
This section shall not apply to any state employee who because of voluntary reenlistment
has been absent from such state service for a period of more than three years in addition to
war service or compulsory service and the ninety-day period hereinbefore provided for.
(b) The term of employment in the service of the state shall be construed to include,
in the case of a veteran, the term of war service of such veteran, and all records of the
state which show the length of service in the employment of the state of any such veteran
shall be maintained so as to show the length of such war service and the total of such
employment service and war service.
(1967, P.A. 657, S. 62; 1969, P.A. 658, S. 18; P.A. 73-675, S. 3, 44; P.A. 75-568, S. 4, 45; P.A. 77-614, S. 66, 610;
P.A. 83-316, S. 1, 2.)
History: 1969 act amended Subsec. (c) to include leave for armed forces service as employment in state service; P.A.
73-675 replaced highway fund with transportation fund in Subsec. (b), effective July 1, 1974; P.A. 75-568 deleted reference
in Subsec. (b) to payment from general or transportation fund, reflecting merger of the two; P.A. 77-614 replaced personnel
commissioner with commissioner of administrative services; P.A. 83-316 deleted former Subsecs. (a) and (b) which stated
that in time of war, any permanent employee or person continuously employed by the state for not less than a year, who
is employed by the state at the time of entry for more than 60 days into the U.S. armed forces or active state military or
naval service, shall be paid $100 by the state after such 60 days, and which directed the comptroller to draw his order on
the treasurer in payment of such amount, relettering remaining Subsecs. accordingly.
Annotations to former statute:
Subsec. (c):
Employee has privilege to appeal demotion to personnel board of appeals. 14 CS 395.
Subsec. (d):
Benefits not restricted to those in state service before they performed any war service. 138 C. 445.
Total term of state employment, in case of a veteran, includes war service credit which has been "bought in" under the
retirement act. 17 CS 281.