55-160 Military leave of absence without loss of pay; limitations.
55-160. Military leave of absence without loss of pay; limitations.(1) All employees, including elected officials of the State of Nebraska, or any political subdivision thereof, who are members of the National Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, and Coast Guard Reserve, shall be entitled to a military leave of absence from their respective duties, without loss of pay, when employed with or without pay under the orders or authorization of competent authority in the active service of the state or of the United States. Members who normally work or are normally scheduled to work one hundred twenty hours or more in three consecutive weeks shall receive a military leave of absence of one hundred twenty hours each calendar year. Members who normally work or are normally scheduled to work less than one hundred twenty hours in three consecutive weeks shall receive a military leave of absence each calendar year equal to the number of hours they normally work or would normally be scheduled to work, whichever is greater, in three consecutive weeks. Such military leave of absence may be taken in hourly increments and shall be in addition to the regular annual leave of the persons named in this section.(2) When the Governor of this state declares that a state of emergency exists and any of the persons named in this section are ordered to active service of the state, a state of emergency leave of absence will be granted until such member is released from active service of the state by competent authority. A military leave of absence shall not be used during a state of emergency declared by the Governor. Other forms of leave may be granted. During a state of emergency leave of absence because of the call of the Governor, any official or employee subject to this section shall receive his or her normal salary or compensation minus the state active duty base pay he or she receives in active service of the state. Governmental officers serving a term of office shall receive their compensation as provided by law. SourceLaws 1947, c. 198, § 1, p. 642; Laws 1953, c. 188, § 26, p. 602; R.R.S.1943, § 55-156.01; Laws 1969, c. 459, § 58, p. 1600; Laws 2002, LB 722, § 3.AnnotationsUnder former law, the term "workday" for purposes of military leave means any 24-hour period in which work is done. Hall v. City of Omaha, 266 Neb. 127, 663 N.W.2d 97 (2003).A claim for relief made pursuant to this section is not preempted by the Railway Labor Act, 45 U.S.C. section 151 et seq. This section is inapplicable to private sector employment relationships. Ferguson v. Union Pacific R.R. Co., 258 Neb. 78, 601 N.W.2d 907 (1999).State employee on paid emergency military duty entitled to receive portion of regular employment salary as equals income loss on active duty. King v. School Dist. of Omaha, 197 Neb. 303, 248 N.W.2d 752 (1976).