2016 -- H 8037

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LC005601

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE

     Introduced By: Representatives Malik, and Azzinaro

     Date Introduced: April 06, 2016

     Referred To: House Veterans` Affairs

     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 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 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. Chapter 30-21 of the General Laws entitled "Employment of Veterans" is

hereby amended by adding thereto the following section:

     30-21-14. Preference in private employment. -- (a) A private employer may adopt an

employment policy that provides a preference in hiring or promotion, or both, to a veteran.

     (b) A policy adopted under this section shall be:

     (1) In writing; and

     (2) Uniformly applied to employment decisions regarding hiring and promotion.

     (c) A private employer may require that a veteran submit a Department of Defense DD

Form 214 or similar documentation of separation from the U.S. Armed Forces to be eligible for a

preference in hiring or promotion pursuant to this section.

     (d) As used in this section, "veteran'' means an individual that served on active duty in the

U.S. Armed Forces and received an honorable or general discharge.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE

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     This act would extend the rehiring preference afforded National Guard members called to

active duty to members of the National Guard of other states employed in Rhode Island. It would

also permit private employers to adopt a veteran preference policy in hiring.

     This act would take effect upon passage.

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