2022 Colorado Code
Title 28 - Military and Veterans
Article 3 - National Guard
Part 6 - Public and Private Employees - Duties
§ 28-3-604. Reinstatement

1. Except as otherwise provided in sections 28-3-601 to 28-3-607, upon the completion of such service, such officer or employee shall be reinstated in the public position which he or she held at the time of entry into such service or a public position of like seniority, status, and pay if such is available at the same salary which he or she would have received if he or she had not taken such leave upon the following conditions:
   1. That the position has not been abolished or that the term thereof, if limited, has not expired;
   2. That he or she is not physically or mentally disabled from performing the duties of such position;
   3. That he or she makes written application for reinstatement to the appointing authority within ninety days after discharge from hospitalization or medical treatment which immediately follows the termination of and results from such service, but such application shall be made within one year and ninety days after termination of such service, notwithstanding such hospitalization or medical treatment;
   4. That he or she submits an honorable discharge or other form of release by proper authority indicating that his or her military service was satisfactory.

2. Upon such reinstatement, the officer or employee shall have the same rights with respect to accrued and future seniority status, efficiency rating, vacation, sick leave, and other benefits as if he or she had been actually employed during the time of such leave. No officer or employee so reinstated shall be removed or discharged within one year thereafter, except for cause and after notice and hearing; but this shall not operate to extend a term of service or office limited by law.

Source: L. 55: p. 620, § 36. CRS 53: § 94-9-36. C.R.S. 1963: § 94-1-36. L. 2002: IP(1), (1)(b), (1)(c), (1)(d), and (2) amended, p. 599, § 44, effective May 24.