Section 35.351 - Definitions.

PUBLIC EMPLOYEES ENTERING ARMED FORCES (EXCERPT)
Act 263 of 1951

35.351 Definitions.

Sec. 1.

When used in this act—

(a) The term “public employee” means any person holding a position in public employment, both classified and unclassified.

(b) The term “public employment” means remunerative employment by the government of this state, or of any county, municipality, or other civil or political subdivision thereof, including any department, agency or instrumentality thereof.

(c) The term “public employer” means any government, department or agency mentioned in subsection (b) of this section employing a public employee in a position.

(d) The term “position” means employment, whether probationary or otherwise, held by a public employee at the time of entrance into military duty, but shall not include temporary or casual employment or an office filled by election, nor officers appointed for a fixed term.

(f) The term “military duty” means (1) training and service performed by an inductee, enlistee or reservist or any entrant into a temporary component of the armed forces of the United States, and (2) time spent in reporting for and returning from such training and service, or if a rejection occurs, from the place of reporting therefor: Provided, That the time spent does not exceed the minimum time required by law for the inductee or not exceed 3 years for the first enlistment, or not exceed 3 years for the reservist after being recalled to active duty or as soon after the expiration of such 3 years as the reservist is able to obtain orders relieving him from active duty: And provided further, That if the re-employment provision of the selective service act is amended to provide a period of other than 3 years, such a period provided by the selective service act shall apply.


History: 1951, Act 263, Eff. Sept. 28, 1951