Military Leave in North Carolina (NC)

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

Please Note: The state laws summaries featured on this site are for general informational purposes only. State laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state laws, please contact your state labor department.

Originally posted by www.HR360.com

Oregon governor signs paid sick leave, retirement legislation

PORTLAND (Reuters) – Oregon Governor Kate Brown signed legislation on Monday

Oregon Governor Kate Brown speaks at the state capital building in Salem, Oregon, February 20, 2015. REUTERS/Steve Dipaola

Oregon Governor Kate Brown speaks at the state capital building in Salem, Oregon, February 20, 2015. REUTERS/Steve Dipaola

mandating paid sick leave for nearly all workers and establishing a first-of-its kind state-run retirement program for private sector employees.

Brown said the four bills, dubbed the “Fair Shot” agenda, will help working, low-income families by ensuring a living wage, retirement security and protection against racial profiling by police.

“Our work is not done. There are still people with full-time jobs who are unable to make ends meet,” Brown said in a statement. “We must carry on the fight to ensure all Oregonians have the opportunity to earn a living wage.”

The measures, passed by the state’s majority-Democrat legislature, were backed by a coalition of unions, social service groups, health care non-profits and minority-advocacy groups.

With the passage of the bills, Oregon became the first state in the nation to automatically enroll residents in a defined-contribution plan if they are hired by an employer that does not already offer retirement benefits, according to the task force that designed the measure.

Workers will have the right to opt out of the plan.

The package of bills also made Oregon the fourth state to require all businesses, with limited exceptions, to provide paid sick leave to their workers, after Connecticut, California and Massachusetts.

The law applies to all private-sector employers, regardless of their primary place of business, and allows workers to accrue up to 40 hours of sick leave annually.

Republicans decried the new bills, saying the measures will hurt small business owners and do nothing to create jobs.

In a statement, Republicans said the new sick-leave mandate will cost businesses $914 million, while the new retirement program for private-sector workers created an “expensive government mandate on Oregonians while doing nothing to increase incomes across the state”.

The two other “Fair Shot” laws signed by Brown on Monday prohibit employers from asking job candidates about criminal records before the interview stage and outlaws racial, ethnic and religious profiling by police.

By Courtney Sherwood
(Editing by Victoria Cavaliere and Miral Fahmy)

CITY OF PHILADELPHIA PAID SICK LEAVE