CHAPTER 115

115.01 Leave of absence for military service.

History. — s. 1, ch. 7393, 1917; RGS 400; CGL 465; s. 732, ch. 95-147; s. 2, ch. 2016-216.

115.02 Governor to grant application; proviso.

History. — s. 2, ch. 7393, 1917; RGS 401; CGL 466; s. 733, ch. 95-147; s. 6, ch. 2003-72.

115.03 Appointment of deputy; bond.

History. — s. 3, ch. 7393, 1917; RGS 402; CGL 467; s. 734, ch. 95-147; s. 19, ch. 98-34.

115.04 Applicability of ss. 115.01-115.06 to certain officers.

History. — s. 4, ch. 7393, 1917; RGS 403; CGL 468.

115.05 Duties of deputy.

History. — s. 5, ch. 7393, 1917; RGS 404; CGL 469; s. 735, ch. 95-147.

115.06 Reassumption of duties.

History. — s. 6, ch. 7393, 1917; RGS 405; CGL 470; s. 736, ch. 95-147.

115.07 Officers and employees’ leaves of absence for reserve or guard training.

(1) All officers or employees of the state, of the several counties of the state, and of the municipalities or political subdivisions of the state who are commissioned reserve officers or reserve enlisted personnel in the United States military or naval service or members of the National Guard are entitled to leaves of absence from their respective duties, without loss of vacation leave, pay, time, or efficiency rating, on all days during which they are engaged in training ordered under the provisions of the United States military or naval training regulations for such personnel when assigned to active or inactive duty.

(2) Leaves of absence granted as a matter of legal right under the provisions of this

section may not exceed 240 working hours in any one annual period. Administrative leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be without pay and shall be granted by the employing or appointing authority of any state, county, municipal, or political subdivision employee and when so granted shall be without loss of time or efficiency rating.

(3) When an employee’s assigned employment duty conflicts with ordered active or inactive duty training, it is the responsibility of the employing agency of the state, county, municipal, or political subdivision to provide a substitute employee, if necessary, for the assumption of such employment duty while the employee is on assignment for the training.

(4) It is the intent of the Legislature that the state, its several counties, and its municipalities and political subdivisions shall grant leaves of absence for active or inactive training to all employees who are members of the United States Reserve Forces or the National Guard, to ensure the state and national security at all times through a strong armed force of qualified and mobilization-ready personnel.

History. — s. 1, ch. 17975, 1937; CGL 1940 Supp. 470(1); s. 1, ch. 26852, 1951; s. 10, ch. 83-227; ss. 1, 2, ch. 85-279; s. 1, ch. 2010-79.

115.08

Definitions.

(1) The term “active military service” as used in this

chapter shall signify active duty in the Florida defense force or federal service in training or on active duty with any branch of the Armed Forces or Reservists of the Armed Forces, the Florida National Guard, the Coast Guard of the United States, and service of all officers of the United States Public Health Service detailed by proper authority for duty with the Armed Forces, and shall include the period during which a person in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause.

(2) The term “period of active military service” as used in this

chapter shall begin with the date of entering upon active military service, and shall terminate with death or a date 30 days immediately next succeeding the date of release or discharge from active military service, or upon return from active military service, whichever shall occur first.

(3) The term “servicemember” as used in this

chapter shall have the same meaning as provided in s. 250.01.

History. — s. 2, ch. 20718, 1941; s. 7, ch. 2003-72.

115.09 Leave to public officials for military service.

History. — ss. 1, chs. 20718, 20863, 1941; s. 1, ch. 69-300; s. 1, ch. 91-3; s. 8, ch. 2003-72.

115.11 Leave not to extend beyond term of office; temporarily unoccupied position.

(1) In the event that the term of office of an official on leave shall expire during such leave, the office of that official shall be filled by election or appointment as may be required by law; provided, however, that said official on leave shall have the right to qualify and become a candidate for such office and, if nominated or elected, shall have the same rights and privileges herein accorded to an incumbent.

(2) Should such military leave of absence for any elected municipal officer extend for more than 60 days, the temporarily unoccupied position created by such leave may be filled by majority vote of the remaining members of the legislative body of the municipality. This temporary appointment shall terminate upon the elected official’s return from active military service or upon the expiration of his or her original term of office, whichever occurs first.

History. — s. 4, ch. 20718, 1941; s. 1, ch. 91-92; s. 738, ch. 95-147.

115.12 Rights during leave.

(1) During such leave of absence such official shall be entitled to preserve all seniority rights, efficiency ratings, promotional status and retirement privileges. The period of active military service shall, for purposes of computation to determine whether such person may be entitled to retirement under the laws of the state, be deemed continuous service in the office of said official. While absent on such leave without pay, said official shall not be required to make any contribution to any retirement fund.

(2) The employing authority shall adhere to all the provisions contained in the Uniformed Services Employment and Reemployment Rights Act,

chapter 43 of Title 38 U.S.C.

History. — s. 5, ch. 20718, 1941; s. 10, ch. 2003-72.

115.13 Resumption of official duties.

History. — s. 6, ch. 20718, 1941; s. 739, ch. 95-147; s. 11, ch. 2003-72.

115.14 Employees.

History. — s. 7, ch. 20718, 1941; s. 2, ch. 91-3; s. 12, ch. 2003-72.

115.15 Adoption of federal law for employees.

History. — s. 8, ch. 20718, 1941; s. 740, ch. 95-147; s. 13, ch. 2003-72.