Any member of the North Carolina National Guard who enters state duty is entitled—upon honorable release from state duty—to certain reemployment rights provided for by law, which include (among other things) the following:
- An individual who is a member of the North Carolina National Guard who performs, has performed, applies to perform, or has an obligation to perform service in the North Carolina National Guard must not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.
- Upon release from state duty, the employee must make written application to his or her previous employer for reemployment within 5 days of release from duty or from hospitalization continuing after release.
- If the employee is still qualified for his or her previous employment, the employee must be restored to his or her previous position or to a position of like seniority, status, and salary—unless the employer’s circumstances now make the restoration unreasonable.
- If the employee is no longer qualified for his or her previous employment, he or she must be placed in another position for which he or she is qualified, and which will give the employee appropriate seniority, status, and salary—unless the employer’s circumstances now make the placement unreasonable.
- The law does not require an employer to pay salary or wages to a member of the North Carolina National Guard during the member’s period of active service.
Special Update: Under a new law effective October 1, 2015, the above provisions also apply to any member of the National Guard of another state. The new law applies to denials of initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on or after such date. Click here to read the text of the law.
For More Information
- North Carolina Statutes (§§ 127A-201 – 127A-202.1)
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Originally posted by www.HR360.com