Montana Code Annotated
Part 10. Montana Military Service Employment Rights
10-1-1008. Leave of absence for elected officials -- restoration to office

10-1-1008. Leave of absence for elected officials -- restoration to office. (1) If an elected official is ordered to military service, the official is entitled to a leave of absence for the duration of the military service.
(2) An elected official's leave of absence pursuant to this section does not create a vacancy in office or require the official to forfeit the office.
(3) If an acting official is appointed pursuant to 10-1-1010, the leave of absence must be without pay.
(4) An elected official ordered to military service is entitled to the employment rights and benefits that would be provided to any other employee under the official's employer if the employee were on a leave of absence subject to the provisions of this part.
(5) Upon returning from a leave of absence for military service, if an acting official was appointed pursuant to 10-1-1010, the returning elected official is entitled to be restored to office for the official's unexpired term immediately upon the official's request after being released from the military service.
History: En. Sec. 8, Ch. 381, L. 2005.

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