2005 Vermont Code - § 491. — Absence on military service and training; employment and reemployment rights

§ 491. Absence on military service and training; employment and reemployment rights

(a) Any duly qualified member of the "reserve components of the armed forces," of the ready reserve, or an organized unit of the national guard who leaves a position other than a temporary position in the employ of any employer, for state active duty or to receive military training with the armed forces of the United States and who notifies the employer of the date of departure and date of return for purposes of military training 30 days prior to the date of departure or as soon as practical after being called into state service by the governor shall be granted absence with leave with or without pay. If the employee provides evidence of the satisfactory completion of the training immediately upon return and is still qualified to perform the duties for such position, the employee shall be reinstated in that position with the same status, pay and seniority, including seniority that accrued during the period of absence.

(b) A member of or an applicant for membership in the national guard in either federal or state status as defined in 20 V.S.A. § § 366, 601, or 602, shall not be denied initial employment, reemployment, retention of employment, promotion, or any benefit of employment by an employer on the basis of membership, application for membership, performance of service, application for service, or obligation to serve.

(c) An employer shall not discriminate in employment against any person because a person has taken any of the following actions:

(1) Enforcement of a provision of this subsection or federal law.

(2) Testified or made a statement in connection with any proceeding under this subsection or under federal law.

(3) Assisted or participated in any investigation under this subsection or federal law.

(4) Exercised any right provided by this subsection or under federal law. (Amended 1999, No. 138 (Adj. Sess.), § 6.)