2006 South Dakota Code - 3-6-22 — Reservists\' and guardsmen\'s military leave for annual training and state service.

     3-6-22.   Reservists' and guardsmen's military leave for annual training and state service. All officers and employees of the State of South Dakota, or any political subdivision thereof, or any municipality organized and existing under the general laws of the State of South Dakota, or any person who is a duly qualified member of the "reserve component of the armed forces," who is a member of the ready reserve, who is a member of an organized unit, and who, 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 who 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, leaves a position other than a temporary position in the employ of any employer, and who shall give evidence defining date of departure and to the extent reasonably possible date of return for purposes of military training or active service as provided above prior to the date of departure and who shall further give evidence of the satisfactory completion of such training or duty immediately thereafter, and who is still qualified to perform the duties of such position, shall be entitled to be restored to his previous or a similar position with the same status, pay, and seniority, provided also that such seniority shall continue to accrue during such period of absence for military training or duty and such period of absence for military training or duty shall be construed as an absence with leave and within the discretion of the employer said 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.