§ 905 — Leaves of absence for members of reserve on temporary active duty

(a) If any employer fails to comply with any provisions of federal or state law relating to employment rights of reservists or National Guard members, the employee may elect to bring an action at law for damages for such noncompliance or such other relief as is appropriate in the Superior Court of Delaware.

(b) Any National Guard member who is called to state active duty shall be entitled to the same rights, privileges, and protections with respect to such member’s employment as such member would have had if called for military training under federal law protecting reservists and National Guard members.

Legislative History

20 Del. C. 1953, § 905; 50 Del. Laws, c. 413, § 1 ; 64 Del. Laws, c. 258, § 1 ; 70 Del. Laws, c. 186, § 1