HB 464 - National Guard called to active service; certain rights

Georgia House of Representatives - 1995/1996 Sessions

HB 464 - National Guard called to active service; certain rights

Page Numbers - 1/ 2/ 3/ 4
Code Sections - 38-2-280
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House Comm: D&VA / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 1/30/95 Read 1st Time 1/31/95 Read 2nd Time 2/8/95 Favorably Reported 3/17/95 Recommitted ---------------------------------------- Code Sections amended: 38-2-280
HB 464 LC 10 1048 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Part 4 of Article 3 of Chapter 2 of Title 38 of the 1- 2 Official Code of Georgia Annotated, relating to rights, 1- 3 privileges, and prohibitions applicable to the state 1- 4 militia, so as to provide that certain reemployment rights, 1- 5 privileges, and benefits granted to persons in the military 1- 6 service shall be extended to and be applicable to any person 1- 7 who is a member of the Georgia National Guard and who is 1- 8 called into active state service; to provide procedures for 1- 9 application for reemployment or termination of the period of 1-10 suspension; to provide for effect of being restored to a 1-11 position; to provide for civil remedies to compel compliance 1-12 with this Act; to provide that no fees or court costs shall N be assessed against a person applying for reemployment 1-14 rights or benefits; to repeal conflicting laws; and for 1-15 other purposes. 1-16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-17 Part 4 of Article 3 of Chapter 2 of Title 38 of the Official 1-18 Code of Georgia Annotated, relating to rights, privileges, 1-19 and prohibitions applicable to the state militia, is amended 1-20 by striking in its entirety Code Section 38-2-280, relating 1-21 to the right of persons who perform military service to 1-22 reemployment in private industry, and inserting in lieu 1-23 thereof a new Code Section 38-2-280 to read as follows: 1-24 "38-2-280. (Index) 1-25 (a) In the case of any person who has left or leaves a 1-26 position, other than a temporary position, in the employ 1-27 of any employer in order to perform military service and 1-28 who: 1-29 (1) Received a certificate of completion of military 1-30 service duly executed by an officer of the applicable 1-31 force of the armed forces of the United States or by an 1-32 officer of the applicable force of the organized 1-33 militia; -1- (Index) LC 10 1048 2- 1 (2) Is still qualified to perform the duties of the 2- 2 position; and 2- 3 (3) Makes application for reemployment within 90 days 2- 4 after he or she is relieved from such service, if the 2- 5 position was in the employ of a private employer, 2- 6 the employer shall restore the person to the position or 2- 7 to a position of like seniority, status, and pay unless 2- 8 the employer's circumstances have so changed as to make it 2- 9 impossible or unreasonable to do so. 2-10 (b) The benefits, rights, and privileges granted to 2-11 persons in the military service by this Code section shall 2-12 be extended to and be applicable to any person who, in 2-13 order to participate in assemblies or annual training 2-14 pursuant to Code Section 38-2-25 or in order to attend 2-15 service schools conducted by the armed forces of the 2-16 United States for a period or periods up to and including 2-17 six months, temporarily leaves or has left his or her 2-18 position, other than a temporary position, in the employ 2-19 of any employer and who, being qualified to perform the 2-20 duties of the position, makes application for reemployment 2-21 within ten days after completion of the temporary period 2-22 of service; provided, however, that no such person shall 2-23 be entitled to the benefits, rights, and privileges for 2-24 the attendance at any service school or schools exceeding 2-25 a total of six months during any four-year period. 2-26 (c) The benefits, rights, and privileges granted to 2-27 persons in the military service by this Code section shall 2-28 be extended to and be applicable to any person who is or 2-29 becomes a member of the organized militia or of a reserve 2-30 component of the armed forces of the United States and who 2-31 because of such membership is discharged by his or her 2-32 employer or whose employment is suspended by his or her 2-33 employer because of such membership and who, being 2-34 qualified to perform the duties of the position, makes 2-35 application for reemployment or termination of the period 2-36 of his or her suspension within ten days after such 2-37 discharge or suspension. In the event that the member of 2-38 the organized militia or reserve component is serving on 2-39 military duty at the time of receipt of notice of the 2-40 discharge or suspension the aforesaid ten-day period 2-41 within which application must be made shall not commence 2-42 to run until the day next following the date of 2-43 termination of such military duty. -2- (Index) LC 10 1048 3- 1 (d) The benefits, rights, and privileges granted to 3- 2 persons in the military service by this Code section shall 3- 3 be extended to and be applicable to any person who is a 3- 4 member of the Georgia National Guard and who is called 3- 5 into active state service pursuant to Code Section 38-2-6 3- 6 or 38-2-6.1 and who because of such active state service 3- 7 is discharged by his or her employer or whose employment 3- 8 is suspended by his or her employer because of such active 3- 9 state service and who, being qualified to perform the 3-10 duties of the position, makes application for reemployment 3-11 or termination of the period of his or her suspension 3-12 within ten days after such discharge or suspension. In the 3-13 event that the member of the Georgia National Guard is 3-14 serving in active state service at the time of receipt of 3-15 notice of the discharge or suspension the aforesaid 3-16 ten-day period within which application must be made shall 3-17 not commence to run until the day next following the date 3-18 of termination of such active state service. 3-19 (d)(e) Any person who is restored to a position in 3-20 accordance with this Code section shall be considered as 3-21 having been on furlough, on leave of absence during his or 3-22 her period of military service, performing temporary 3-23 service under subsection (b), or discharged or suspended 3-24 under subsection (c) or (d) of this Code section, shall be 3-25 restored without loss of seniority, shall be entitled to 3-26 participate in insurance or other benefits offered by the 3-27 employer pursuant to established rules and practices 3-28 relating to employees on furlough or leave of absence in 3-29 effect with the employer at the time the person entered 3-30 the military service or commenced the temporary service or 3-31 was so discharged or suspended, and shall not be 3-32 discharged from the position without cause within one year 3-33 after the restoration. 3-34 (e)(f) If any private employer fails or refuses to comply 3-35 with this Code section, the superior court of the county 3-36 in which the private employer resides shall have the 3-37 power, upon petition by the person entitled to the 3-38 benefits of this Code section, to require specifically the 3-39 employer, by injunction, mandatory or otherwise, to comply 3-40 with this Code section, and may, as an incident thereto, 3-41 compensate the person for any loss of wages or benefits 3-42 suffered by reason of the employer's unlawful action. The 3-43 court shall order a speedy hearing in any such case and 3-44 may specially set it on the calendar. Any person claiming 3-45 to be entitled to the benefits of this Code section may -3- (Index) LC 10 1048 4- 1 appear by his or her own counsel or, upon application to 4- 2 the Attorney General of the state, may request that the 4- 3 Attorney General appear and act on his or her behalf. If 4- 4 the Attorney General is reasonably satisfied that the 4- 5 person so applying is entitled to such benefits, he or she N shall appear and act as attorney for the person in the 4- 7 amicable adjustment of the claim or in the filing of any 4- 8 petition and the prosecution thereof. In the hearing and 4- 9 determination of petitions under this Code section no fees 4-10 or court costs shall be assessed against a person so 4-11 applying for such benefits." SECTION 2. 4-12 All laws and parts of laws in conflict with this Act are 4-13 repealed. -4- (Index)

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