AGO 1996-207.

• Case Date: May 10, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-207. 1996-207May 10, 1996Honorable Betty Carol Graham Member, House of Representatives District No. 81 3485 Cowpens Road Alexander City, AL 35010 Employees, Employers, Employment - Military Leave - Military Affairs Educational officers and employees of the State of Alabama, or of any county, municipality, or other agency or political subdivision thereof, are entitled to 168 hours of military leave as provided by Code of Alabama 1975, _ 31-2-13.Dear Representative Graham: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION

How many paid military leave days are eduction employees entitled to receive if they serve in the Reserve Components of the United States Armed Forces such as the Alabama National Guard?

FACTS AND ANALYSIS It is the public policy of this state to encourage its citizens to serve in the active reserves of the United States military. In furtherance of this policy the legislature has mandated that public employees receive paid military leave for the last sixty years. Code of Alabama 1975, _ 31-2-13 provides that public officials and employees will receive 168 hours of paid military leave for performance of military duty per calendar year "without loss of pay, time, efficiency rating, annual vacation, or sick leave." Should a public official or employee who is a member of the Alabama National Guard be called into the active service of the State of Alabama by the Governor, typically in times of natural disaster, he is entitled to an additional 168 hours of paid military leave, or more, depending upon the number of disasters. Formerly, the statute granted paid military leave in terms of days. With the recent amendment of _ 31-2-13 paid military leave is granted by the hour, thereby allowing the employee to utilize his leave in hourly increments as necessary. Although Title...