39-2-105. Employer requirements -- employees -- public office. (1) In addition to the requirements in 39-2-104, an employer may not prohibit or restrict an employee from seeking election or appointment to a city, county, or state public office or retaliate or discriminate against an employee for seeking election or appointment to a city, county, or state public office.

(2) During an employee's leave of absence while serving as an elected officer or while appointed to a public office under 39-2-104, the employer may not require an employee:

(a) to use leave or benefits during the mandatory leave of absence without the consent of the employee; or

(b) to perform work during the mandatory leave of absence.

(3) If the employer provides a company phone, computer, or phone number and the employer allows the employee's personal use of the company phone, computer, or phone number, the employer may not prohibit the employee's use of the phone, computer, or phone number during the leave of absence provided in 39-2-104.

(4) If the employer provides health care benefits to the employee, the employer shall continue offering the employee health care benefits with the same covered benefits and covered persons, as those terms are defined in 33-32-102, during the leave of absence provided for in 39-2-104.