leaves of absence; military training, the official text

House Engrossed

leaves of absence;
military training

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2663

AN
ACT

Amending sections 26-168 and 38-610, Arizona
Revised Statutes; relating to military affairs.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 26-168, Arizona Revised
Statutes, is amended to read:

START_STATUTE26-168. Absence from employment for military duty; vacation and seniority
rights; violation; classification; definition

A. An employer may not refuse to allow members of
the national guard of this state or any other state or the United States armed
forces reserves to take leaves of absence from employment for the purpose of
complying with competent orders of this state, the other state or the United
States for active duty or [to attend camps, maneuvers, formations
or armory drills] training. The leaves
of absence may not affect vacation rights that employees otherwise have, except
that an employer need not consider the period of absence as a period of work in
determining eligibility for vacation and the amount of vacation pay to which
the employee is entitled.

B. A member of the national guard of this state or
any other state or the United States armed forces reserves may not lose
seniority or precedence while absent under competent military
orders. On return to employment, the employee shall be returned to
the employee's previous position or to a higher position commensurate with the
employee's ability and experience as seniority or precedence would ordinarily
entitle the employee.

C. An officer or employee of this state, or any
department or political subdivision of this state, who is a member of the
national guard of this state or any other state or the United States armed
forces reserves is entitled to leave of absence pursuant to section 38-610
from the individual's duties without loss of time or efficiency rating on all
days during which the individual is [engaged in field training as
provided by this chapter] under competent military orders.
For the period of the leave of absence, the individual is entitled to pay as
prescribed in section 38-610, subsection C,
paragraph 3. For the purposes of this subsection, an officer or
employee may not be charged military leave for days on which the individual was
not otherwise scheduled for work.

D. When ordered to perform active duty or training
by the competent orders of any state or the United States, members of the
national guard or United States armed forces reserves have the protections
afforded to persons under federal active duty by the soldiers and sailors civil
relief act of 1940 (54 Stat. 1178; 50 United States Code App. sections 501
through 548 and 560 through 591) and by the uniformed services employment and
reemployment rights act of 1994 (108 Stat. 3149; 38 United States Code sections
4301 through 4333).

E. A person that violates subsection A or B of this
section is guilty of a class 1 misdemeanor. The county attorney
shall prosecute violations of this section in superior court.

F. For the purposes of this section, "day"
means a shift of work. END_STATUTE

Sec. 2. Section 38-610, Arizona Revised
Statutes, is amended to read:

START_STATUTE38-610. Leaves of absence for certain military and disaster duty;
definitions

A. The officers and employees of this state, any
county, city or town or any agency or political subdivision of this state or a
county, city or town shall be granted leaves of absence from their duties
without loss of time, pay or efficiency rating:

1. On all days during which they are [employed
on training duty or to attend camps, maneuvers, formations or drills under
orders with any branch or reserve of the armed forces of the United States] complying with competent orders of the national guard of this state
or any other state or the united states armed forces reserves for active duty
or training for the period prescribed in subsection C, paragraph 3 of
this section.

2. On all days during which they are employed on training duty by the national disaster medical system under the
United States department of health and human services.

B. The officers and employees of this state, any
county, city or town or any agency or political subdivision of this state or a
county, city or town shall be granted leaves of absence from their duties on
all days during which they are employed on [training] duty
or [to attend camps, maneuvers, formations or drills] under
orders with any auxiliary of the armed forces of the United States.  The state,
any county, city or town or any agency or political subdivision of this state
or a county, city or town may grant the leave of absence without loss of time,
pay or efficiency rating as prescribed in subsection C, paragraph 3 of this
section.

C. For the purposes of subsection A, paragraph 1 and
subsection B of this section, the following apply:

1. An officer or employee may not be charged
military leave for days on which the individual was not otherwise scheduled for
work.

2. The period of time spent [in
training] under orders may not be deducted from the vacation period with
pay to which the officer or employee is otherwise entitled.

3. The military leave period is based on the average
total of regularly scheduled hours in a weekly work period.  An officer or
employee of this state or a political subdivision of this state is entitled to
up to three times the average of regularly scheduled work hours in a weekly
work period each year and up to six times the average of regularly scheduled
work hours in a weekly work period in any two consecutive years.

D. For the purposes of this section:

1. "Day" means a shift of work.

2. "Year" means the fiscal year of the
United States government. END_STATUTE