2021 Colorado Code
Title 28 - Military and Veterans
Article 3 - National Guard
Part 6 - Public and Private Employees - Duties
§ 28-3-603. Public Employees - Emergency Military Leave

Subject to the conditions prescribed in this section, any officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state who engages in active military service in time of war or other emergency declared by proper authority of the state or the United States, for which leave is not otherwise allowed by law, is entitled to leave of absence from his or her public office or employment without pay during such service with right of reinstatement as provided in section 28-3-604 .

History. Source: L. 55: P. 620, § 35. CRS 53: § 94-9-35. C.R.S. 1963: § 94-1-35. L. 2002: Entire section amended, p. 599, § 43, effective May 24. History. Source: L. 55: P. 620, § 35. CRS 53: § 94-9-35. C.R.S. 1963: § 94-1-35. L. 2002: Entire section amended, p. 599, § 43, effective May 24.

Legislative intent of this section was to provide a benefit to career public employees who went into active military service on a temporary basis in time of war or other emergency declared by proper authority. State Civil Serv. Comm'n v. Fleming, 183 Colo. 71 , 514 P.2d 1135 (1973), cert. denied, 415 U.S. 977, 94 S. Ct. 1564, 39 L. Ed. 2d 873 (1974).

When employee in active military service entitled to leave without pay status. A public employee who goes into active military service in time of declared war or other emergency is entitled to leave without pay status, but only so long as the war or emergency actually exists. State Civil Serv. Comm'n v. Fleming, 183 Colo. 71 , 514 P.2d 1135 (1973), cert. denied, 415 U.S. 977, 94 S. Ct. 1564, 39 L. Ed. 2d 873 (1974).

Section is nonoperative after cessation of war or emergency. After the cessation of active combat or the condition requiring military intervention, it was intended that this statute become nonoperative. State Civil Serv. Comm'n v. Fleming, 183 Colo. 71 , 514 P.2d 1135 (1973), cert. denied, 415 U.S. 977, 94 S. Ct. 1564, 39 L. Ed. 2d 873 (1974).

Benefit derived from this statute is not to continue during periods when this country is not engaged in any war or other emergency which requires our military intervention. State Civil Serv. Comm'n v. Fleming, 183 Colo. 71 , 514 P.2d 1135 (1973), cert. denied, 415 U.S. 977, 94 S. Ct. 1564, 39 L. Ed. 2d 873 (1974).