49-102
Leave of Absence
Cite as N.D. Op. Att'y Gen. 49-102
OPINION
49-102
April 2, 1949 (OPINION)
LEAVE OF ABSENCE
RE: National Guard Entitled to Leave with Pay
Re: Section 37-0125; of 1947 Supplement to R.C. 1943--Chap. 239 S.L. 1945
This statute provides that certain persons enumerated in said section
"when ordered by proper authority to active non-civilian employment,
shall be entitled to a leave of absence from such civil employment
for the period of such active service without loss of status or
efficiency rating, - - - - without loss of pay during the first
thirty (30) days of such leave of absence."
It is our opinion that where members of the National Guard or members
of the Officers' Reserve Corps are called for any military duty,
including a period of military training, they are performing
"non-civilian" duties, and are entitled to a 30-day leave of absence
with pay.
WALLACE E. WARNER
Attorney General