Restoration to position following military service

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38-298. Restoration to position following military service

An appointive officer or employee of the state or of a political subdivision thereof, including an employee of the educational system, having been inducted or ordered into active service in the armed forces of the United States after August 1, 1939, shall, upon completion of his service, be restored to the position held by him at the time of induction or of reporting for service, or to a position having similar or other duties which he is qualified to discharge, and of like status and pay, if such officer or employee:

1. Possesses a certificate of satisfactory training and service or honorable discharge issued by the proper military or naval authority.

2. Is still qualified to perform the duties of the position.

3. Applies for restoration within sixty days after separation from the armed forces.

4. Has either served in the armed forces during time of war or was called to service because of his status as an active or inactive member of the reserve.


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