N.H. Admin. Code § Per 701.03

Current through Register No. 50, December 12, 2024

Section Per 701.03 - Seniority and Military Leave Without Pay

(a) In accordance with federal law and as required by Per 1207.03(a), a full-time probationary employee shall be released from work when called to active military duty.

(b) When a probationary employee is called to active military duty as set forth in (a):

(1) The probationary employee shall be placed on leave of absence without pay during the period of active military duty if the probationary employee exhausts all military leave under Per 1207;

(2) The seniority date for the probationary employee shall remain the same regardless of whether or not the employee is on leave without pay; and

(3) Upon completion of active duty, if the employee returns to state classified service, the employee shall work the required balance of time remaining in the probationary period in order to attain permanent status.

(c) A permanent employee who is called to active military duty, who has exhausted all military leave under Per 1207, and who is not in an otherwise paid leave status, shall:

(1) Be placed in a leave without pay status for the duration of the military duty; and

(2) Retain the original seniority date throughout the military leave of absence, even though the employee is on leave without pay status.

(d) Under the federal Uniformed Services Employment and Reemployment Rights Act of 1994, any reservist or member of the national guard returning from active duty lasting 5 years or less shall be offered a position comparable to the position vacated to perform the active duty.

(e) To be eligible for reemployment with the state, the returning reservist or member of the national guard shall have:

(1) Been employed with the state in a full-time position for which there was no end date established;

(2) Satisfactorily completed the period of active duty and possess a certificate to that effect;

(3) Met the qualifications to perform the duties of the position or, if unable to qualify, met the minimum qualifications of a comparable position; and

(4) Returned to work within one of the following time parameters:

a. For military service of less than 31 days, the service member shall return at the beginning of the next regularly scheduled work period on the first full day after release from duty, taking into account safe travel time plus an 8 hour rest period;

b. For military service of more than 30 days but less than 181 days, the service member shall return to work within 14 days of release from duty; and

c. For military service of more than 180 days, the service member shall report for work within 90 days of release from duty.

N.H. Admin. Code § Per 701.03

(See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.