House Engrossed




State of Arizona

House of Representatives

Fifty-third Legislature

Second Regular Session










amending section 26-168, Arizona Revised Statutes; relating to the national guard.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 26-168, Arizona Revised Statutes, is amended to read:

START_STATUTE26-168.  Absence from employment for military duty; vacation and seniority rights; violation; classification

A.  An employer shall not refuse to permit allow members of the national guard of this state or any other state or the United States armed forces reserves to take leaves of absence from employment for the purpose of complying with competent orders of the this state, the other state or the United States for active duty or to attend camps, maneuvers, formations or armory drills.  The leaves of absence shall not affect vacation rights that employees otherwise have, except that an employer need not consider the period of absence as a period of work in determining eligibility for vacation and the amount of vacation pay to which the employee is entitled.

B.  A member of the national guard of this state or any other state or the United States armed forces reserves shall not lose seniority or precedence while absent under competent military orders.   On return to employment, the employee shall be returned to the employee's previous position or to a higher position commensurate with the employee's ability and experience as seniority or precedence would ordinarily entitle the employee.

C.  An officer or employee of this state, or any department or political subdivision of this state, who is a member of the national guard of this state or any other state or the United States armed forces reserves shall be is entitled to leave of absence pursuant to section 38‑610 from the individual's duties without loss of time or efficiency rating on all days during which the individual is engaged in field training as provided by this chapter, and for a period during leave of absence not to exceed thirty days in any two consecutive years the individual is entitled to pay.  For the purposes of this section, an officer or employee shall not be charged military leave for days on which the individual was not otherwise scheduled for work.

D.  When ordered by the governor to perform training or active duty under this section or section 26‑171, subsection C, section 26‑172 or section 26‑175 or training by the competent orders of any state or the united states, members of the Arizona national guard or united states armed forces reserves shall have the protections afforded to persons on under federal active duty by the soldiers and sailors civil relief act of 1940 (54 Stat. 1178; 50 United States Code App. sections 501 through 548 and 560 through 591) and by the uniformed services employment and reemployment rights act of 1994 (108 Stat. 3149; 38 United States Code sections 4301 through 4333).

E.  A person violating any provision of that violates subsection A or B of this section is guilty of a class 1 misdemeanor.  The county attorney shall prosecute violations of this section in superior court. END_STATUTE