2016 -- S 2888 AS AMENDED

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LC005624

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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 - EMPLOYMENT RIGHTS OF

MEMBERS OF ARMED FORCES

     

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

     Date Introduced: March 31, 2016

     Referred To: Senate Special Legislation and Veterans Affairs

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

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pay.

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

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

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

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

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seq.].

 

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     SECTION 2. 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 - EMPLOYMENT RIGHTS OF

MEMBERS OF ARMED FORCES

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     This act expands the restoration of employment rights of employees who are members of

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the National Guard of this or any other state.

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     The act would take effect upon passage.

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