§ 44-4313 — Employees of state government or political subdivisions -

Reemployment. A. Subject to subsection B of this section for any employee, and Sections 10 and 11 of this act for an employee of a state government or a political subdivision thereof, a person who is entitled to reemployment under Section 8 of this act, upon completion of a period of service in the state military forces, shall be promptly reemployed in the following order of priority: 1. Except as provided in paragraphs 3 and 4 of this subsection, for a person whose period of service in the state military forces was for less than ninety-one (91) days: a. in the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by the service, the duties of which the person is qualified to perform, or b. in the position of employment in which the person was employed on the date of the commencement of the service in the state military forces, only if he or she is not qualified to perform the duties of the position referred to in subparagraph a of this paragraph after reasonable efforts by the employer to qualify the person; 2. Except as provided in paragraphs 3 and 4 of this subsection, for a person whose period of service in the state military forces was for more than ninety (90) days: a. in the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by the service, or a position of like seniority, status and pay, the duties of which he or she is qualified to perform, or b. in the position of employment in which the person was employed on the date of the commencement of the service in the state military forces, or a position of like seniority, status and pay, the duties of which he or she is qualified to perform, only if he or she is not qualified to perform the duties of a position referred to in subparagraph a of this paragraph after reasonable efforts by the employer to qualify the person; 3. For a person who has a disability incurred in, or aggravated during, the service, and who, after reasonable efforts by the employer to accommodate the disability, is not qualified due to the disability to be employed in the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by the service: a. in any other position which is equivalent in seniority, status, and pay, the duties of which he or she is qualified to perform or would become qualified to perform with reasonable efforts by the employer, or b. if not employed under subparagraph a of this paragraph, in a position which is the nearest approximation to a position referred to in subparagraph a of this paragraph in terms of seniority, status, and pay consistent with circumstances of his or her case; or 4. For a person who is not qualified pursuant to subparagraph a of paragraph 2 of this subsection to be employed in the position of employment in which he or she: a. would have been employed if the continuous employment of the person with the employer had not been interrupted by the service, or b. was employed on the date of the commencement of the service in the state military forces for any reason, other than disability incurred in, or aggravated during, service in the state military forces, and cannot become qualified with reasonable efforts by the employer, in any other position which is the nearest approximation to a position referred to first in subparagraph a of this paragraph and then in subparagraph b of this paragraph which such person is qualified to perform, with full seniority. B. 1. If two or more persons are entitled to reemployment under Section 8 of this act in the same position of employment and more than one of them has reported for such reemployment, the person who left the position first shall have the prior right to reemployment in that position. 2. Any person entitled to reemployment under Section 8 of this act who is not reemployed in a position of employment by reason of paragraph 1 of this subsection shall be entitled to be reemployed as follows: a. except as provided in subparagraph b of this paragraph, in any other position of employment referred to in paragraph 1 or 2 of subsection A of this section, as the case may be, in the order of priority set out in subsection A of this section, that provides a similar status and pay to a position of employment referred to in paragraph 1 of this subsection, consistent with the circumstances of his or her case, with full seniority, or b. for a person who has a disability incurred in, or aggravated during, a period of service in the state military forces that requires reasonable efforts by the employer for the person to be able to perform the duties of the position of employment, in any other position referred to in paragraph 3 of subsection A of this section, in the order of priority set out in subsection A of this section, that provides a similar status and pay to a position referred to in paragraph 1 of this subsection, consistent with circumstances of his or her case, with full seniority.

Legislative History

Added by Laws 2021, c. 122, § 9, emerg. eff. April 21, 2021.