CHAPTER 524

H.P. 1339 - L.D. 1898

An Act To Protect the Employment Rights of Military

Reserve and National Guard Personnel

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 26 MRSA §811, sub-§3, as amended by PL 2001, c. 662, §11, is further amended to read:

3. Reinstatement. Any person who is in compliance with subsection 2 and is still qualified to perform the duties of such position must be reinstated at the same pay, seniority, benefits and status and receive any other incidences of advantages of employment as if the person had remained continuously employed. The period of absence must be construed as an absence with leave, and, within the discretion of the employer, the leave may be with pay. The employer may not require any person returning from a period of military service to report back to work:

A.__For periods of military service of 3 days or less, until the completion of the period of service and the expiration of 24 hours after a period allowing for the safe transportation of the person from the place of that service to the person's residence;

B.__For periods of military service of more than 3 days but not more than 15 days, until the completion of the period of service and the expiration of 48 hours after a period allowing for the safe transportation of the person from the place of that service to the person's residence;