§ 51-25.7. Leave of absence - Seniority and benefits - Discharge - Positions included - Compliance mandatory - Preference - Enforcement - Contracts.

Any person who is restored to a position in accordance with the provisions of Section 1 and Section 2 of this act shall be considered as having been on leave of absence during his service in the armed forces of the United States, shall be restored to such position without loss of seniority, shall be entitled to other benefits offered employees in such office, department, institution or school, as though such person had not been absent, upon his complying with applicable laws, rules and regulations, and shall not be discharged from such position without justifiable cause within one (1) year after such restoration.  The term position as used herein shall include both appointive offices and regular employments.  It is made the mandatory duty of state, county, city, town and school district officers to comply with the provisions of this act.  Providing that in case two or more returned service men or women are seeking the same position, then the first to go to the service shall be chosen.  The provisions of this act may be enforced by actions in mandamus and no fees or court costs shall be taxed against an ex-service person instituting any such action.  Provided, however, that this act shall not have the effect of invalidating any existing lawful contract of employment but shall become operative as to such employment only upon the expiration of such contract, and provided further, that all contracts of employment entered into by the state, county, city, town or school district after the effective date of this act shall be subject to the provisions hereof.

Added by Laws 1949, p. 619, § 4, emerg. eff. April 236, 1949.