§ 263.

334 words·~2 min read·/vt/title-3/chapter-11/263

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§ 263. Employees entering armed forces

(a)A person in the permanent employ of the State of Vermont who is or has been inducted or ordered into the active service of the U.S. Armed Forces or who voluntarily enlists or was enlisted in such service in time of war or national emergency, or who is ordered to active duty as a member of a reserve component of the U.S. Armed Forces and thus for any of these causes leaves a permanent position, shall be restored to the position or to a position of like seniority, status, and class, or the nearest approximation as the person would have had if the person had been continually employed by the State, provided such person:

(1)terminates service or active duty with the U.S. Armed Forces at the conclusion of the person’s initial period of service or tour of duty, together with involuntary extensions of service or tour of duty, and furnishes a certificate or other valid evidence of satisfactory completion of military service;

(2)is still qualified to perform the duties of the person’s position with the State; and

(3)makes application for reemployment within 90 days after being relieved of military service.

(b)If a person returning to a position in State employment under the provisions of subsection

(a)of this section is not qualified to perform the duties of the position by reason of disability sustained during such service but is qualified to perform the duties of some other position in the employ of the State that is vacant, the person shall be assigned to another position so as to provide the person with the same seniority, status, and class, or the nearest approximation as the person would have had if the person had been continuously employed by the State.

(c)The words permanent employment shall not be construed as including any position that is elective or appointive where a term of office has expired. (Amended 2025, No. 18, § 8, eff. May 13, 2025.)