Pago Pago, AMERICAN SAMOA — A Senate bill that “serves to define and outline the parameters of military leave” for all government and private sector employers and their employees in American Samoa, was introduced last week Thursday.

Also last Thursday, the Senate approved, in third and final reading, its version of the Administration’s Fiscal Year 2023 Supplemental Budget.

And last Friday, senators were informed of the Fono’s planned mid-session recess for four week, starting early next month.

MILITARY LEAVE

For the military leave legislation, it’s sponsored by four senators: Malaepule Saite Moliga, Ma’o Fa’auma S. Gogo, Tauiliili Paopao Lauifi and Satele Ali’ita’i Lili’o.

The bill defines military leave for all members of a reserve component of the U.S Armed Forces, the U.S Public Health Service or the National Guard. Additionally, the legislation defines time periods of reemployment after completion of service.

According to the bill’s preamble, military leave is an excused leave of absence for a period not to exceed 5 years to perform any form of military service, whether voluntarily or involuntarily, called or activated, such as being placed on active duty, for annual training, and for training weekends.

Several changes are proposed in the bill, to amend the “Restoration of preference [to] eligibles previously in career service” provision of local law - A.S.C.A 7.0208.

The legislation, if passed by the Fono and approved by the governor, would create “Military Leave” section under local law. It explains that military leave is an excused leave of absence granted to eligible employees on orders to perform service in the uniformed services.

Additionally, employees are to provide their employers with advance notice of military service, with some exception:

• Notice may be either written or oral. It may be provided by the employee or by an appropriate officer of the branch of the military in which the employee will be serving;

• Military necessity prevents the giving of notice; and

• The giving of notice is otherwise impossible or unreasonable.

The bill went on to explain that a full time employee who serves under an appointment without time limitation and who is a member of a reserve component of the U.S Armed Forces, the U.S Public Health Service, or the National Guard, including duty performed on voluntary or involuntary basis, is entitled to a paid military leave of absence for annual military duty or training for not more than 30 workdays in any calendar year.

Furthermore, paid military leave is limited to a maximum of 30 workdays during each year, regardless of number of training periods in a year and whether taken intermittently, a day at a time, or all at one-time and it will not roll over to the next year if unused.

Additionally, absence, which is not chargeable to military leave can be charged to annual leave. Therefore, employees who are called to duty for a period longer than the 30-day period chargeable to military leave can use annual leave for the additional absence.

“Employees on military leave are entitled to accrue normal employee benefits such as annual leave,” the bill says, which also addressed Contract Employees.

“Contract employees who are members of the Armed Forces reserve components shall be granted military leave” in accordance with provision of this section, according to the bill, which is the subject of a Senate committee hearing later this week.

SUPPLEMENTAL BUDGET

Also last Thursday, the Senate, in a vote 15-1, approved in final reading the Administration’s $7.4 million Supplemental Budget for FY 2023.

Sen. Togiola T.A Tulafono cast the sole “no” vote. Before announcing the final vote, Senate President Tuaolo Manaia Fruean asked Togiola if he maintains the “no” vote and Togiola reaffirmed his sole no vote for the legislation.

As Samoa News reported last year, the Senate amended the FY2022 supplemental bill of $7.4 million by allocating $5.9 million to the Territorial Bank of American Samoa (TBAS) — a move that was proposed by Togiola, who is also the bank’s board chairman. (See Samoa News edition Nov. 23, 2022 for details.) However, it was not supported by the House.

The Senate version of the FY 2023 supplemental bill, approved by senators without any changes, now goes to the House for its review and approval. The House is expected to hold a hearing on its version of the supplemental bill in the coming days.

The supplemental appropriation includes $1 million for the 75th birthday celebrations of Legislature and $500,000 for Fono expenses not covered in the FY2023 budget.

FONO PLANNED RECESS

During last Friday’s session, Senate President Tuaolo Manaia Fruean informed senators that he and the House Speaker have planned the time-frame for the mid-session recess, next month.

Tuaolo explained that the plan at this point is to convene for one-Saturday in the next weekend or so, in order to complete the first 20-session days of the First Regular Session of the 38th Legislature.

And then lawmakers will take the midsession recess from Feb. 06 and reconvene on Mar. 13. During the recess, lawmakers — from both the Senate and House — will be able to attend the American Samoa Government Employees Retirement Fund meeting set for Feb. 15 and Feb. 16 in Las Vegas.

Tuaolo says lawmakers will return on Mar. 13 to finish out the First Regular Session, which would have 25-days to complete.