SENATE BILL No. 126

 

 

February 1, 2005, Introduced by Senators JELINEK, BROWN, GARCIA, KUIPERS, GOSCHKA, BASHAM, HARDIMAN, ALLEN and SANBORN and referred to the Committee on Local, Urban and State Affairs.

 

 

 

     A bill to amend 1955 PA 133, entitled

 

"An act to provide for the granting of military leaves and

providing re-employment protection for officers and enlisted men of

the military or naval forces of the state or of the United States,"

 

(MCL 32.271 to 32.274) by adding section 3a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3a. (1) A local unit of government may provide by

 

ordinance or resolution or through personnel policy a differential

 

pay program or for a specific number of paid days of leave for

 

employees of the local unit of government who request or are

 

required to take a leave of absence to enter into active military

 

service.

 

     (2) As used in this section:

 

     (a) "Active military service" means any of the following:


 

     (i) Active service in the Michigan national guard or Michigan

 

defense force as an officer or enlisted man, or both.

 

     (ii) Federal service in response to a call or order of the

 

president in time of declared national emergency when such service

 

is not voluntary.

 

     (iii) Voluntary active duty in the service of the United States

 

by members of the state military establishment, not in response to

 

a call or order of the president in time of declared national

 

emergency, shall be considered as active service only when such

 

duty is in support of a national guard mission. Any fractional part

 

of a year amounting to 6 months or more is counted as a complete

 

year. Active service is terminated by an honorable separation from

 

the Michigan national guard or defense force.

 

     (b) "Differential pay program" means a program through which

 

the local unit of government agrees to pay during the leave of

 

absence all or a part of the difference between the amount the

 

employee is paid by the local unit of government and the amount the

 

employee receives through his or her military service.

 

     (c) "Local unit of government" means a city, village,

 

township, or county.