Effective - 28 Aug 2012
41.1005. State employee leave for Coast Guard duty, when limitations — salary, leave benefit — attorney general to enforce. — 1. Except as otherwise provided in this subsection, any employee of the state of Missouri who is or may become a member of the United States Coast Guard Auxiliary may be granted leave of absence from their respective duties, without loss of time, pay, regular leave, impairment of efficiency rating or of any other rights or benefits to which such person would otherwise be entitled, for periods during which such person is engaged in the performance of the United States Coast Guard or United States Coast Guard Auxiliary duties, including travel related to such duties, when authorized by the appropriate United States Coast Guard order issuing authority or such person's designated representative. Leave for such service shall be for not more than fifteen working days in any state fiscal year, or without regard to length of time when responding to a state or nationally declared emergency or disaster in the state of Missouri or upon any navigable waterway within or adjacent to the state of Missouri. The employee shall be released from work upon request from the member's appropriate United States Coast Guard authority or such member's designated representative. The state of Missouri or the employee's appointing authority thereof shall compensate an employee granted leave under this section at the employee's regular rate of pay for regular work hours during which the employee is absent from the employee's regular place of employment for the state of Missouri. Any leave granted under this section shall not affect the employee's leave status.
2. Before any payment of salary is made covering the period of the leave, the employee shall file with the appointing authority or supervising agency evidence that such employee participated in emergency services duty or other United States Coast Guard or United States Coast Guard Auxiliary duties from the appropriate Coast Guard or Coast Guard Auxiliary authority.
3. No member of the United States Coast Guard Auxiliary shall be discharged from employment because of being a member of the United States Coast Guard Auxiliary or holding any office, position, or appointment under the United States Coast Guard Auxiliary, nor otherwise discriminated against or dissuaded from joining or continuing such person's service in the United States Coast Guard Auxiliary by threat or injury to such person in respect to such person's employment, or of any other rights or benefits to which the employee would otherwise be entitled.
4. Any employee of an employer with fifty or more employees who is or may become a member of the United States Coast Guard Auxiliary shall be granted a leave of absence from their respective duties, without loss of time, regular leave, or of any other rights or benefits to which the employee would otherwise be entitled, for periods during which the employee is engaged in the performance of United States Coast Guard or United States Coast Guard Auxiliary duties, including travel related to such duties, when authorized by the Director of Auxiliary (DIRAUX) or other appropriate United States Coast Guard authority. Leave for such service shall be for no more than fifteen working days in any calendar year, or without regard to the length of time when responding to a state or nationally declared emergency in the state of Missouri or upon any navigable waterway within or adjacent to the state of Missouri. The employer shall not be obligated to pay a salary to the employee during this leave of absence. The employer shall have the right to request that the employee be exempted from responding to a specific mission and the member's supervising Director of Auxiliary or other appropriate United States Coast Guard or United States Coast Guard Auxiliary authority shall honor such request.
5. The attorney general shall enforce the rights contained in this section for members of the United States Coast Guard Auxiliary.
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(L. 2012 H.B. 1315 )
Structure Missouri Revised Statutes
Title V - Military Affairs and Police
Section 41.010 - Title of law — purpose.
Section 41.020 - Federal law applicable, when.
Section 41.025 - POW and MIA designations recognized.
Section 41.035 - Missouri department of the National Guard established.
Section 41.036 - Contingent effective date.
Section 41.040 - Military division of executive department — what constitutes.
Section 41.050 - State militia, members.
Section 41.060 - Militia service, persons exempt.
Section 41.070 - Organized and unorganized militia.
Section 41.080 - Military forces, how organized — oath.
Section 41.090 - Rules and regulations.
Section 41.100 - Governor may reorganize, when.
Section 41.110 - State defense force — organization, discipline, government.
Section 41.120 - Governor, commander in chief of militia.
Section 41.130 - Honorary staff members, governor may appoint.
Section 41.140 - Adjutant general — appointment — compensation — bond.
Section 41.150 - Assistant adjutants general — appointment — duties.
Section 41.160 - Adjutant general — duties.
Section 41.170 - Adjutant general — records — duties.
Section 41.180 - Commissioner of war service records — appointment — compensation.
Section 41.190 - Clerical personnel — appointment — compensation.
Section 41.200 - Exhibits of equipment and property.
Section 41.206 - Missouri Youth Challenge Academy authorized, purpose — rulemaking authority.
Section 41.207 - Missouri Youth Challenge Foundation Fund created, use of moneys.
Section 41.214 - Missouri National Guard trust fund, established, disbursements.
Section 41.218 - Missouri military family relief fund created, use of moneys.
Section 41.220 - Military council — duties — meetings.
Section 41.230 - Federal property disbursing officer — duties — compensation.
Section 41.240 - Officers — appointment — oath.
Section 41.250 - Warrant and flight officers — appointment.
Section 41.260 - State defense force — selection of officers.
Section 41.270 - Officers' bonds.
Section 41.280 - Officer's accountability for property — suit for recovery, how brought.
Section 41.290 - Assignment or transfer of officers.
Section 41.300 - Officers — resignation — acceptance refused, when.
Section 41.310 - Officers — retirement.
Section 41.320 - Officers — separation from service — reasons.
Section 41.330 - Officer dismissed from service, how.
Section 41.340 - Officer's commission — vacated, how.
Section 41.350 - Absence without leave — penalty.
Section 41.360 - Efficiency board — appointment — duties.
Section 41.370 - Medical board, duties.
Section 41.380 - Noncommissioned officers — appointment, how made.
Section 41.390 - Enlisted men — qualifications — term — oath — penalty for false statements.
Section 41.400 - Enlisted men — transfers.
Section 41.410 - Enlisted men — discharge — separation from service.
Section 41.420 - Discharges shall be recorded and copies of records furnished without fee.
Section 41.430 - Officers and enlisted personnel, compensation and allowances for active duty.
Section 41.435 - Reenlistment bonus may be paid.
Section 41.440 - Active duty — expenses allowed.
Section 41.450 - State defense force, how equipped.
Section 41.460 - Discipline and training.
Section 41.480 - Organized militia when called to duty — martial law.
Section 41.490 - State defense force — powers of governor.
Section 41.500 - State defense force — called to duty, when.
Section 41.510 - Refusal to obey orders — penalty.
Section 41.520 - Governor may suspend code, when.
Section 41.530 - Governor shall order militia into federal service, when.
Section 41.540 - Organized militia in federal service — retention of designations.
Section 41.550 - Credit for time in federal service.
Section 41.560 - Meritorious service medal.
Section 41.570 - Conspicuous service medal.
Section 41.572 - Legion of merit medal.
Section 41.578 - Missouri adjutant general staff identification badge.
Section 41.580 - Long service ribbon.
Section 41.582 - Missouri Iraq campaign ribbon.
Section 41.584 - Missouri Afghanistan campaign ribbon.
Section 41.586 - Missouri Kosovo campaign ribbon.
Section 41.588 - Missouri Vietnam campaign ribbon.
Section 41.592 - Missouri National Guard first sergeant ribbon.
Section 41.594 - Governor's unit citation.
Section 41.595 - Missouri National Guard overseas training ribbon, eligibility.
Section 41.596 - Missouri National Guard state partnership program ribbon, eligibility.
Section 41.597 - Order of the minuteman award, eligibility — limitation on number awarded.
Section 41.670 - Armories — free use of — exempt from taxation, when.
Section 41.672 - William E. "Bud" Lewis Armory.
Section 41.674 - Lawrence A. Witt National Guard Armory designated in Lawrence County.
Section 41.676 - Sergeant Robert Wayne Crow Jr. Memorial Armory designated in Joplin.
Section 41.680 - Members of organized militia exempt from civil process, when.
Section 41.690 - Conservators of the peace.
Section 41.700 - Organized militia not liable for acts done in performance of duty.
Section 41.710 - Blank cartridges not to be fired, when — penalty.
Section 41.720 - Resisting militia — penalty.
Section 41.730 - Militia, discrimination and interference with prohibited — penalty.
Section 41.740 - Militia — right-of-way on streets or highways — penalty for obstructing.
Section 41.750 - Campground or armory — intrusion — penalty.
Section 41.780 - Uniform not to be worn by unauthorized person — penalty.
Section 41.790 - Violation of code — penalty.
Section 41.890 - Military personnel to hold Missouri resident status, when.
Section 41.910 - Adjutant general may elect to purchase insurance or be self-insurer.
Section 41.920 - Tort liability denied.
Section 41.930 - Average earnings, how determined.
Section 41.944 - Certain military service, termination of lease — requirements.
Section 41.955 - Lease of National Guard property authorized, purpose — contents of lease.
Section 41.958 - Honor detail, training — rules.
Section 41.960 - Office of air search and rescue, authorized.
Section 41.964 - Funds, limitations.
Section 41.966 - Acceptance of gifts, grants, loans, authorized.