Urquidez, 052914 WYAGO, AGO 2014-1

Case DateMay 29, 2014
CourtWyoming
David Urquidez, Administrator
AGO 2014-1
Formal Opinion 2014-001
Wyoming Attorney General Opinions
Office of the Attorney General
May 29, 2014
         David Urquidez, Administrator          Human Resources Division          Department of Administration & Information          2001 Capitol Avenue          Cheyenne, Wyoming 82002          RE: Paid Military Leave          Dear Mr. Urquidez:          You asked the following questions concerning the Military Service Relief Act:          1. Whether a state employee is entitled to paid military leave under Wyo. Stat. Ann. § 19-11-108(a) to perform duties as a member of a National Guard unit organized in another state.          2. How does Executive Order 2013-2 interact with Wyo. Stat. Ann. § 19-1 l-108(a)?          Background          The purpose of the Military Service Relief Act is to ensure that Wyoming citizens who serve their country and state and who leave their employment, homes, and education will be neither penalized nor economically disadvantaged because of such service. Wyo. Stat. Ann. § 19-11-102(a). The Act must be liberally construed for the benefit of those called to military service. Wyo. Stat. Ann. § 19-11-102(b). The Act does not supersede any contract, agreement, policy, practice, or other matter that establishes a right or benefit that is more beneficial than those provided by the Act Wyo. Stat. Ann. § 19-11-102(d). However, the Act supersedes any contract, agreement, policy, practice, or other matter that reduces, limits, or eliminates any right or benefit provided by the Act. Wyo. Stat. Ann. § 19-1 l-102(e).          Among other things, the Act provides benefits for employees who leave employment to perform service in the uniformed services.1 Two provisions of the Act are relevant to your questions. The first relates to paid military leave for state employees who are members of the Wyoming National Guard or United States military forces reserve:
Any member of the Wyoming national guard or United States military forces reserve who is an officer or employee of this state or any political subdivision, municipal corporation or any public agency or entity of the state, including community colleges, shall be given a military leave of absence with pay at the regular salary or wage which the employee normally receives, not to exceed fifteen (15) calendar days in any one (1) calendar year to perform service in the uniformed services in addition to any other leave or vacation time to which the person is otherwise entitled.
Wyo. Stat. Ann. § 19-11-108(a). The second provision relates to...

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