§ 30-6-5 - Pay differential for state employees on active duty.
SECTION 30-6-5
§ 30-6-5 Pay differential for stateemployees on active duty. – (a) Employees of a state agency who are eligible as defined within may qualifyfor a military pay differential, hereafter also referred to as a"differential". Such differential shall consist of the difference between thebase pay for state employment that the state employee would have received ifnot on active military duty and the military pay that the employee on activemilitary duty did receive, for the same time period. The differential does notinclude the payment of overtime in state employment.
(b) In order to be eligible for a military pay differential,a recipient must be a member of the National Guard or a Reserve component ofthe United States Armed Forces who is currently mobilized in support of aPresidential reserve call-up for active military duty, who at the time of beingcalled for active military duty was an employee of a state department whootherwise qualifies for a military pay differential, as described above.
(c) The state department where the state employee worked whencalled to active duty shall periodically pay every employee who qualifies for amilitary pay differential. The first such payment shall be paid to eligiblestate employees for military pay differentials between July 1 and September 30.Such stipends shall be calculated for each three (3) month period thereafter,but shall terminate upon the employee's return from active duty or after theemployee has received the differential for one year, whichever comes first.
(d) The director of the department of administration shall beresponsible for developing necessary rules and regulations in order toimplement the provisions of this section. These rules shall include a processfor determining eligibility and the amount of the differential.
(e) To the extent that compensation for being called toactive military duty is not already included in existing collective bargainingagreements, eligible employees of a state agency will qualify for the militarypay differential, as defined above. When a collective bargaining agreementprovides equal or greater benefits, the terms of the collective bargainingagreement shall control for as long as those benefits under the contract areapplicable. Thereafter, those union employees shall be granted the differencein pay as described above.