39-1-36 - Reserve member of armed forces -- Leave of absence from employment -- Liability of employers.
39-1-36. Reserve member of armed forces -- Leave of absence from employment --Liability of employers.
(1) Any member of a reserve component of the armed forces of the United States whopursuant to military orders enters active duty, active duty for training, inactive duty training, orstate active duty shall upon request be granted a leave of absence from employment, but for nomore than five years.
(2) Upon satisfactory release from the training or from hospitalization incidental to thetraining, the member shall be permitted to return to the prior employment with the seniority,status, pay, and vacation the member would have had as an employee if he had not been absentfor military purposes.
(3) Any employer who willfully deprives an employee who is absent as a member underSubsection (1) of any of the benefits under Subsection (2) or discriminates in hiring for anyemployment position, public or private, based on membership in any reserve component of thearmed forces, is guilty of a class B misdemeanor.
Amended by Chapter 15, 1989 General Session