Section 31IAC5-8-8. Military leave without pay

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   (a) Any employee, upon request, shall be granted a leave of absence without pay to cover the length of his or her services in the armed forces of the United States.

  (b) No sick leave, personal leave, or vacation leave credits will accrue during military leave.

  (c) An employee granted a military leave of absence shall be reinstated according to the dictates of federal law.

  (d) If there is no vacancy, a vacancy shall be created by utilizing the layoff procedure.

  (e) If the employee on military leave fails to make application for return from leave in compliance with applicable federal law, such failure will be considered as an automatic resignation. (State Personnel Department; 31 IAC 5-8-8; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA)

                    
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