Military and Emergency Services Leave Law Summaries

Connecticut's military leave law is codified in the Connecticut General Statutes at Title 5, Chapter 67 (for full text, see Wages-Hours 7-58,003 ); and at Title 27, Chapter 504, Part III.

Emergency services leave laws are located at Title 7, Chapter 461A (disaster relief services) and at Title 5, Chapter 249 (volunteer fire or ambulance duty and specialized disaster relief services).

COVERAGE

Both private and public employers are covered under Connecticut's military leave law.

WHAT THE EMPLOYER MUST DO

Military leave

Military reserve/National Guard. --The employer of any employee who, as a part of the employee's military service, is required to attend military reserve or National Guard meetings or drills during regular working hours must allow such employee a leave of absence to do so. No such employee may be subjected by any person, directly or indirectly, to any loss or reduction of vacation or holiday privileges by reason of such absence, or be prejudiced by reason of such absence with reference to promotion or continuance in office or employment, or to reappointment to office or reemployment (Sec. 27-33a, as amended by P.A. 99-139 (H. 6973), L. 1999, effective October 1, 1999).

Federal law. --Effective October 1, 2006, any member of the Connecticut National Guard whom the Governor orders into active state service shall have all of the protections afforded to service members on federal active service by the Uniformed Services Employment and Reemployment Rights Act, 38 USC Sections 4301 to 4333, inclusive, and by the Servicemembers Civil Relief Act, except for the provisions of 50 USC App, Sections 536 and 541 to 549, inclusive, pertaining to life insurance, as amended (Sec. 1, P.A. No. 06-62 (S. 314), L. 2006, effective October 1, 2006).

Public employers. --State employees who enter the armed forces are entitled to a leave of absence without pay for the time served, plus an additional 90 days (Sec. 5-248(b), as amended by P.A. 96-168, L. 1996).

Employees who leave or have left state service to enter the armed forces of the United States are entitled to reinstatement in their former positions and duties. Reemployment is on the condition that, within 90 days after receiving a certificate of satisfactory service from the armed forces, the employee makes or has made application for return to the state service. Term of employment in state service includes the period of leave from state service (Sec. 5-255).

The appointing authority of any state agency in which such employee is reinstated is to certify in writing to the commissioner of administrative services that such employee is able and qualified to perform the work required and that there is work available for the employee. In considering the factor of availability of work, the state is to replace by the returning employee any employee, junior in service, employed for the purpose of filling the position vacated by such returning employee. These provisions do not apply to any state employee who because of voluntary reenlistment has been absent from such state service for a period of more than three years in addition to war service or compulsory service and the 90-day period mentioned above (Sec. 5-255).

Officers and employees of Connecticut who are members of the armed forces of the state or of any reserve component of the armed forces of the United States are entitled to take a leave of absence from their duties or service while engaged in the performance of regularly ordered military or naval duty, for drills, escort duty or any special service as ordered by the governor. Such employees are also entitled to participate in encampments, maneuvers or other exercises, including outdoor target practice, as may be required by the laws and regulations of the United States relating to the national guard or naval militia or as may be ordered by the governor (Sec. 27-33).

Officers or employees who take such military leaves of absence cannot be subjected, directly or indirectly, to any loss or reduction of vacation or holiday privileges or be prejudiced by reason of such absence with reference to promotion or continuance in office or employment or to reappointment to office or to reemployment. Further, while engaged in the performance of regularly ordered military or naval service, each officer or employee who is a bona fide member of the national guard, naval militia, reserve corps or organized militia must receive his or her regular salary or compensation, provided the period of absence in any calendar year does not exceed 30 days (Sec. 27-33).

Any full-time permanent employee in the state service who is a member of the armed forces of the state or of any reserve component of the armed forces of the United States and is required to undergo field training for a period not exceeding three calendar weeks is entitled to a leave of absence with pay, in addition to the person's annual vacation (Sec. 5-248(c), as amended by P.A. 96-168, L. 1996).

The provisions above cannot be construed to prevent any such employee from attending ordered annual field training while on regularly scheduled vacation (Sec. 5-248(c), as amended by P.A. 96-168, L. 1996).

Operation Enduring Freedom/Operation Noble Eagle/related operations. --The state must continue to provide coverage, under a group hospitalization and medical and surgical insurance plan sponsored by the state for the dependents of any state employee and the state employee who is a member of the armed forces of any state or of any reserve component of the armed forces of the U.S. and who has been called to active service in the armed forces of any state or the U.S. for Operation Enduring Freedom, Operation Noble Eagle, a related emergency operation or a military operation whose mission was substantially changed as a result of the attacks of September 11, 2001, or federal or state action authorized by the governor in support of the federal Department of Homeland Security's Operation Liberty Shield, military operations that are authorized by the President of the United States that entail military action against Iraq, or federal action or state action authorized by the governor to combat terrorism within the U.S., for the duration of such call-up to active service, provided such state employee and dependents were covered by the insurance plan on the date the state employee was called to active service and the state employee continues to pay any amount that the employee was required to pay for coverage before being called to active service and the state employee continues to pay any amount that the employee was required to pay for coverage before being called to active service (Sec. 5-259d(b)).

Any state employee who is a member of the armed forced of any state or of any reserve component of the armed forces of the U.S. and who has been called to active service in the armed forces of any state or the U.S. for Operation Enduring Freedom, Operation Noble Eagle, a related emergency operation or a military operation whose mission was substantially changed as a result of the attacks of September 11, 2001, or federal action or state action authorized by the governor in support of the federal Department of Homeland Security's Operation Liberty Shield, military operations that are authorized by the President of the United States that entail military action against Iraq, or federal action or state action authorized by the governor to combat terrorism within the U.S., shall continue to accrue all vacation and sick leave time to which the employee would be entitled if he or she had continued working in his or her state position during the time of such active service, and shall be entitled to a leave of absence with pay as provided in Sec. 27-33 (see above) from the date on which the employee was called to active service. After the expiration of such leave of absence with pay, the state employee must receive part pay for the duration of such call-up to active service if the compensation received by the state employee for such active service is less than the employee's base rate of pay, plus longevity, in the employee's primary position. The state employee will not be required to exhaust accrued vacation or sick time in order to be eligible for the paid leave of absence and part pay under this subsection (Sec. 5-259d(c), as amended by P.A. 06-146 (S. 459), L. 2006, effective June 6, 2006).

As used in this section, "state employee" or "employee" means any elected official, officer or full-time employee of the executive, legislative or judicial department, and "part pay" means the difference between the state employee's base rate of pay, plus longevity, in the employee's primary position on the date the employee is called to active service in the armed forces of any state or the U.S. and the total compensation the employee receives for such active service, as certified to the State Comptroller by the employing state agency in a manner acceptable to the State Comptroller (Sec. 5-259d(a)).

Emergency services leave

Specialized disaster relief services. --Any municipal employee, with the approval of the legislative body of the employing municipality, who is a certified disaster service volunteer of the American Red Cross, may be granted a leave not to exceed 14 days in each year to participate in specialized disaster relief services for the American Red Cross, upon the request of the American Red Cross, without loss of pay, vacation time, sick leave or earned overtime accumulation (Sec. 7-461a).

Volunteer fire or ambulance duty. --Any state employee who is an active volunteer firefighter or member of a volunteer ambulance service or company (1) may, with the authorization of his or her appointing authority, be permitted to leave work in order to respond to fire calls or ambulance calls during his or her regular hours of employment without loss of pay, vacation time, sick leave or earned overtime accumulation, or (2) shall be permitted to respond to such calls prior to reporting for work without such prior authorization and without loss of pay, vacation time, sick leave or earned overtime accumulation, provided in either case, if requested by such employee's appointing authority, such employee submits a written statement from the chief of the volunteer fire department or the medical director or chief administrator of the volunteer ambulance service or company verifying that such employee responded to a fire or ambulance call and specifying the date, time and duration of such response (Sec. 5-249(a), as amended by P.A. 04-241 (S. 62), L. 2004).

Any state employee who is a certified disaster service volunteer of the American Red Cross may, with the authorization of his or her supervisor, be granted a leave not to exceed 14 days in each year to participate in specialized disaster relief services for the American Red Cross, upon the request of the American Red Cross, without loss of pay, vacation time, sick leave or earned overtime accumulation (Sec. 5-249(b), as amended by P.A. 04-241 (S. 62), L. 2004).

Any state employee who is an active volunteer firefighter or member of a volunteer ambulance service or company may, with the authorization of his or her appointing authority, be allowed to attend training sessions or drills during his or her regular hours of employment without loss of pay, overtime accumulation or sick leave (Sec. 5-249(c), as amended by P.A. 04-241 (S. 62), L. 2004).

Any state employee who is an active member of a volunteer canine search and rescue team (1) may, with the authorization of such employee's supervisor, be permitted to leave work in order to respond to search or rescue calls during such employee's regular hours of employment without loss of pay, vacation time, sick leave or earned overtime accumulation, or (2) shall be permitted to respond to such calls prior to reporting for work without such prior authorization and without loss of pay, vacation time, sick leave or earned overtime accumulation, provided in either case, if requested by such employee's supervisor, such employee submits a written statement from the chief of the police or fire department verifying that such employee responded to a search or rescue call and specifying the date, time and duration of such response. As used in this subsection, "volunteer canine search and rescue team" means an individual and a dog (a) appropriately trained and certified to engage in search and rescue operations by a nonprofit canine search and rescue organization that is a member of the National Association of Search and Rescue, or its successor organization, and (b) who jointly engage in such operations at the request of a police or fire department and provide services without compensation (Sec. 5-249(d), as added by P.A. 04-241 (S. 62), L. 2004, effective October 1, 2004).

Peacekeeping operations. --Any sworn police officer employed by the state or a municipality who takes a leave of absence or resigns from such officer's employment to volunteer for participation in international peacekeeping operations, is selected for such participation by a company which the United States Department of State has contracted with to recruit, select, equip and deploy police officers for such peacekeeping operations, and participates in such peacekeeping operations under the supervision of the United Nations, the Organization for Security and Cooperation in Europe or other sponsoring organization, shall be entitled, upon return from such leave, (1) to be restored by such officer's employer to the position of employment held by the officer when the leave commenced, or (2) if the original position of employment is not available, to be restored to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment (Sec. 6, P.A. 04-241 (S. 62), L. 2004, effective June 8, 2004).

DEADLINES

Reemployment. --Employees seeking reemployment in state service must apply within 90 days after receiving a certificate of satisfactory service from the armed services (Sec. 5-255).

RECORDKEEPING

A veteran's war service is to be included as a term of employment in the service of the state. All records of the state that show the length of service in the employment of the state of any such veteran are to be maintained so as to show the length of such war service and the total of such employment service and war service (Sec. 5-255).

This is a summary of Military and Emergency Services Leave Laws in Connecticut.