(1) A county employee who has filed a declaration of candidacy under Section 20A-9-202 for a county office may, at the county employee's discretion, take an unpaid leave of absence, subject to applicable employee policies on giving notice before taking leave, for some or all of the period from the filing of the declaration of candidacy until the earliest of:
(a) the county employee's defeat at a primary election;
(b) the county employee's withdrawal as a candidate for the county office; or
(c) the day after the regular general election for which the county employee is a candidate.
(2) Neither the filing of a declaration of candidacy under Section 20A-9-202 nor a leave of absence under Subsection (1) may be used as the basis for any adverse employment action against the employee, including discipline or termination.