Minnesota

ST25 Minnesota (December 2007; Updated August 2010 - no changes to law)
1.18: USERRA and Other Laws
2.0: Paid Leave

Paid Military Leave for Public Employees in Minnesota

By CAPT Samuel F. Wright, JAGC, USN (Ret.)

Minnesota law provides as follows concerning paid military leave for employees of the state and its political subdivisions:

"Subject to the conditions hereinafter prescribed, any officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state who shall be a member of the National Guard, or any other component of the militia of the state now or hereafter organized or constituted under state or federal law, or who shall be a member of the officers' Reserve corps, the enlisted Reserve corps, the Naval Reserve, the Marine Corps Reserve, or any other Reserve Component of the military or naval forces of the United States now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from the public office or employment without loss of pay, seniority status, efficiency rating, vacation, sick leave, or other benefits for all the time when engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, but not exceeding a total of 15 days in any calendar year. Such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the officer or employee (1) returns to the public position immediately on being relieved from such military or naval service and not later than the expiration of the time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to the officer's or employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave." (Minnesota Statutes, section 192.26.)

I also invite the reader's attention to Law Review 133
No. 133 State Laws, USERRA, and a $10,000 Judgment
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?

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