CopyCited 18 times | Published | District Court, N.D. Florida | 95 L.R.R.M. (BNA) 2038, 1977 U.S. Dist. LEXIS 16585
...ontinues to be an agency of the State of Florida and exercises its authority and carries out its functions within the jurisdiction of this court. Prior to September 5, 1975, plaintiff used 14 of the 17 days allotted annually for military leave under § 115.07 of the Florida Statutes....
...However, they are not free to impose restrictions on the reemployment rights granted by the VRR Act. Therefore, in accordance with § 2024(d), plaintiff should have been granted his request for military leave of absence, regardless of restrictions imposed by § 115.07 of the Florida Statutes....
...12 preempts states from enacting legislation limiting or restricting such Congressional power. Preemption issues focus on the role of the Supremacy Clause of the Constitution. Art. VI, § 2. In the case sub judice, the issue boils down to whether F.S. § 115.07 stands as an obstacle to the accomplishment and objectives of the VRR Act. Section 115.07 of the Florida Statutes limits *460 plaintiff's military leave to 17 days annually; this stands in direct opposition to the rights granted plaintiff under the VRR Act....
...den.,
374 U.S. 858,
83 S.Ct. 1861,
10 L.Ed.2d 1082 (1963). For purposes of the case sub judice, the nature of the subject matter in the VRR Act and Congress' explicit design for uniform enforcement among the States in § 2022 mandate the displacement of F.S.
115.07....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
...TION OR OTHER EARNED LEAVE TIME WITH PAY BY AN EMPLOYEE WHO IS ASSIGNED TO DUTY FUNCTIONS OF A MILITARY CHARACTER FOR PERIODS OF TIME ADDITIONAL TO OR LONGER THAN 17 WORKING DAYS IN ANY ONE ANNUAL PERIOD? You have specifically inquired as to whether s. 115.07 (2), F.S., operates to preclude a policy of the City of Hialeah which permits municipal employees assigned to duty functions of a military character to choose, at their option, to use vacation or other earned leave time with pay, rather than administrative leave without pay, for absences from employment for such military purposes in excess of 17 working days in any one annual period. Section 115.07 , F.S....
...ed shall be without loss of time or efficiency rating have the force and effect of other leaves of absence authorized by this section. [words in struck through type are deletions from existing law; words underlined are additions.] To the extent that s. 115.07 (2) does not expressly grant to the employing or appointing authority of a municipal employee any discretion with respect to leaves of absence or provide that local alternatives to its application and operation are authorized, your inquiry...
...Rocio Corp., supra (principle that municipal ordinance is inferior to state law and must fail in the event of conflict remains undisturbed under municipal home rule). From an examination of the legislative history of Ch. 85-279, Laws of Florida, it appears that the Legislature intended by its amendment of s. 115.07 , F.S., to bring Florida statutory law into compliance with federal requirements....
...Florida Department of Transportation,
443 F. Supp. 451 (N.D.Fla., 1977), aff'd.,
600 F.2d 1070 (5th Cir. 1979), holding that 38 U.S.C. § 2024 (d) required the granting of a leave of absence on request by a state employee for certain duty functions of a military character and that s.
115.07 , F.S....
...Shasteen, Deputy Assistant Secretary for Veterans' Employment and Training, U.S. Department of Labor, to the Honorable Lawrence R. Hawkins, Chairman, Committee on Veterans' Affairs, dated March 28, 1985, and stating specifically as to that portion of the bill which became s. 115.07 (2), F.S., that the bill "brings your state law into conformity with the federal [Veteran's Reemployment Rights] law." Therefore, this manifest intent to bring state law into conformity with federal requirements as to leaves of absence for duty functions of a military character must be the guiding principle in analyzing the language of s. 115.07 (2)....
...1977) (interpretation of statutory use of "shall" dependent on context in which found and intent of Legislature as expressed in statute). See generally, Annot., 51 A.L.R.Fed 893 ("incidents or advantages of employment" under 38 U.S.C. § 2021 [b][3]. Accordingly, it appears that s. 115.07 (2), F.S., contemplates that an employee who is assigned to duty functions of a military character for periods of time additional to or longer than 17 working days in any one annual period shall be granted administrative leave without pay. However, it is my opinion that s. 115.07 (2) does not affect an employee's right to request approval by the employing or appointing authority for the voluntary use of vacation or other earned leave time with pay pursuant to applicable civil service rules and regulations for such periods of time. As so viewed, I perceive no conflict between the policy of the City of Hialeah described herein and s. 115.07 (2), or between s. 115.07 (2) and 38 U.S.C....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
...Tyson: You have asked for my opinion on substantially the following questions: What is a public employer's responsibility to pay its employees called to active military duty or to military training exercises under Chapter 115 , Florida Statutes? In sum: A public employer is required by section 115.07 (1), Florida Statutes, to pay public officers and employees who are called to military training exercises their full public salary for 17 working days in any one annual period....
...This opinion deals with issues of state law and no comment is made on a public officer or employee's right to federal military pay. Chapter 115 , Florida Statutes, authorizes state and local governments to provide leaves of absence for officers and employees when they are engaged in military service. Section 115.07 , Florida Statutes, states: "(1) All officers or employees of the state, of the ....
...in any manner whatsoever." While the statutes have been amended since that opinion was issued, these amendments have not affected the requirement that government officers and employees on authorized military leave under the terms of these statutes shall suffer no "loss of pay." 7 In sum, section 115.07 , Florida Statutes, authorizes the state and its subdivisions to grant leaves of absence for up to 17 working days for public employees who have been assigned to participate in military training....
