Chapter 349

2016 -- S 2888 AS AMENDED Enacted 07/06/2016

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE - EMPLOYMENT RIGHTS OF MEMBERS OF ARMED FORCES

Introduced By: Senators Felag, Walaska, Gallo, Pichardo, and Lynch Prata

Date Introduced: March 31, 2016

It is enacted by the General Assembly as follows:

SECTION 1. Section 30-11-3 of the General Laws in Chapter 30-11 entitled

"Employment Rights of Members of Armed Forces" is hereby amended to read as follows:

30-11-3. Restoration of national guard member to employment. -- (a) Any person

who is a duly qualified member of the Rhode Island national guard National Guard of this state or

any other state who, in order to perform any military service he or she may be called upon to

perform by proper authority, leaves a position, other than a temporary position, in the employ of

an a Rhode Island employer, who shall give evidence of the satisfactory completion of that

training, and who is still qualified to perform the duties of that position, shall be entitled to be

restored to his or her previous or a similar position in the same status, pay, and seniority, and this

period of absence for military training shall be construed as an absence with leave and without

pay.

(b) In addition to the provisions provided in this section, all National Guard members on

state active duty shall be entitled to the rights, protections, privileges, and immunities offered

under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA),

Title 38 U.S. Code, Chapter 43, Sections 4301-4333, Public Law 103-353 [38 U.S.C. § 4301 et

seq.].

SECTION 2. This act shall take effect upon passage.

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LC005624

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