§ 72-48.1. Leave of absence during active service - Private sector employees.  


Latest version.
  • All officers and employees of any employer in the private sector, who are members, either officers or enlisted, of the Reserve Components, to include the Army and Air National Guard and the Army, Navy, Air Force, Marine Corps, and Coast Guard Reserves, or any other component of the Armed Forces of the United States, shall, when ordered by the proper authority to active or inactive duty or service, be entitled to a leave of absence from such private civilian employment for the period of such service without loss of status or seniority.  During such leave of absence in any federal fiscal year, the employer in the private sector may elect to pay the officer or employee an amount equal to the difference between his full regular pay from the employer in the private sector and his military pay.  The durational limit of protected military service as provided for in this section shall not be less than that provided by federal law.

    If any employer in the private sector fails to comply with the provisions of this section, the officer or employee may bring an action in district court for actual and compensatory damages for such noncompliance and may be granted such relief as is just and proper under the circumstances.

Added by Laws 1994, c. 94, § 4, eff. July 1, 1994.