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Committee advances bill removing 90-day waiting period for National Guard paid leave
Summary
Senate Bill 2198 would remove a 90-day waiting period that prevents newly hired public employees from immediately accessing 30 days of paid military leave; the Workforce Development Committee recommended a 'do pass' 4-0 with one absent.
Senator Boucher introduced Senate Bill 2198 to eliminate a 90-day waiting period in North Dakota law that delays newly hired public employees from receiving up to 30 days of paid leave for National Guard or federal service.
"The substance of the bill is on page 1, line 23, where I'm proposing we strike the words 'for 90 days'," said Senator Boucher, explaining the change addresses cases where newly hired employees had scheduled Guard duty immediately after hire.
Colonel Jay Sheldon, strategy and policy officer for the North Dakota National Guard and battalion commander of the 131st Military Police Battalion, testified in support and said the change would remove a barrier for Guard members who also work for state, county or municipal employers.
"This would support them to be able to make sure that they don't have to go unpaid for annual trainings or any other military service," Colonel Jay Sheldon said.
Members raised whether some waiting period should remain so agencies have "skin in the game" for new hires; sponsors and witnesses countered that military service itself represents the commitment. Committee members noted the statute dates to 1935 and the 90-day provision was added in 1945, and legislative counsel provided no historical rationale for the original waiting period.
After discussion, the committee voted to give SB2198 a favorable recommendation. A motion for a "do pass" recommendation carried with four votes in favor, zero opposed and one member recorded as absent. The committee designated Senator Boucher as the carry senator for the bill.
Ending: The bill moves from committee with a recommendation for further consideration by the full Senate; committee members said they expect departmental and local employers to need guidance on consistent application of the revised leave rule.
