§ 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 such position or to a position of like seniority, status, and class, or the nearest approximation thereto as he or she would have had if he or she had been continually employed by the State, provided such person;

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

(2) is still qualified to perform the duties of his or her position with the State; and

(3) makes application for reemployment within 90 days after being relieved of such 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 such 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 which is vacant, such person shall be assigned to such other position so as to provide him or her with the same seniority, status and class, or the nearest approximation thereof as he or she would have had if he or she had been continuously employed by the State.

(c) The words permanent employment shall not be construed as including any position which is elective or appointive wherein a term of office has expired.