Section 3-6-22 - Reservist leave for military training or service--Restoration of position with the samestatus, pay, and seniority.
3-6-22. Reservist leave for military training or service--Restoration of position with the same status, pay, and seniority. Any officer or employee of the State of South Dakota, of any political subdivision of the state, or of any organized municipality, or any person who is a duly qualified member of a reserve component of the armed forces of the United States, who performs military duty as provided in this section, shall be restored to his or her previous position or a similar position with the same status, pay, and seniority if the following requirements are met:
(1) The person is a member of the ready reserve and is a member of an organized unit;
(2) The person leaves a position other than a temporary position in the employ of any employer in order to receive military training with the armed forces of the United States not to exceed fifteen days in any one calendar year, or in order to perform active service in the South Dakota National Guard in the service of this or any other state pursuant to chapter 33-9 or chapter 33-15;
(3) The person gives evidence defining date of departure and, to the extent reasonably possible, date of return for purposes of military training or active service before the date of departure;
(4) The person gives evidence of the satisfactory completion of such training or duty immediately after completion; and
(5) The person is still qualified to perform the duties of the position.
Any such seniority continues to accrue during the period of absence for military training or duty. The period of absence for military training or duty constitutes an absence with leave, and within the discretion of the employer, the leave may be with or without pay.
Source: SL 1939, ch 160, § 1; SL 1955, ch 149, § 1; SDC Supp 1960, § 41.0510; SL 1972, ch 187, § 2; SL 2010, ch 19, § 30.