SECTION 1.  Notwithstanding any general or special law to the contrary, an employee in the service of the town of Weston, including school department employees, who has been granted a military leave of absence, either before or after the effective date of this act, because the employee is a member of the army national guard, the air national guard or a reserve component of the armed forces of the United States called to active service in the armed forces of the United States after September 11, 2001, may, at the discretion of the Weston board of selectmen, subject to appropriation, be paid at his or her regular base salary as such a public employee, and shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensatory time or earned overtime. If the board elects to make payments under this act, an eligible employee shall be paid his regular base salary as such a public employee for each pay period of such military leave of absence after September 11, 2001, reduced by any amount received from the United States as pay or allowance for military service performed during the same pay period, excluding overtime pay, shift differential pay, hazardous duty pay or any other additional compensation. For the purposes of this section, the words "active service" shall not include active duty for training in the army national guard or air national guard or as a reservist in the armed forces of the United States.  Provided, however, that nothing in this section shall limit or reduce a person's entitlement to benefits under section 59 of chapter 33 of the General Laws, and nothing in this section shall entitle a person to benefits in excess of the maximum benefit provided under said section 59 of said chapter 33 for any period during which that person is receiving benefits under this section.

SECTION 2.  If this act shall take effect on or after July 1, 2011, then payment by the town of any amounts consistent with section 1 of this act shall be ratified, validated and confirmed in all respects as though this act had been in full force and effect at the time such payments were made.

SECTION 3.  This act shall take effect upon passage.