N.H. Rev. Stat. § 110-C:1-a — NH Code / Title VIII / Chapter 110-C / Section 1-a
110-C:1-a Employment Protection for Spouses During Involuntary Military Mobilization of Service Members.
Status: in_force

It is the intention of this section to provide employment protections for the spouses of military service members who are involuntarily mobilized for up to one year and one day in support of war, national emergencies, or contingency operations, and ensuring job security for families during military conflicts. Furthermore, it is the intention of this section to protect employees from layoff during their spouse's mobilization. I. In this section: (a) "Court" means a local court or magistrate. (b) "Employer" means any person, company, corporation, or organization that employs 50 or more individuals at the same location in New Hampshire. For the purpose of calculating the number of employees, the employee count of separate employers shall not be combined, regardless of common ownership. (c) "Employee" means any individual employed by an employer in New Hampshire. (d) "Involuntary mobilization" means the ordering, calling-up, or activation of members of the uniformed services under 10 U.S.C.A. or 32 U.S.C.A., including state active duty, in response to a declaration of war, national emergency, or contingency operation. (e) "Spouse" means a person legally married to a member of the uniformed services. II. An employer shall not discharge, refuse to hire, or take any adverse employment action against an employee based on the involuntary mobilization of that employee's spouse. III. (a) For the same duration of time the employee's spouse would have reemployment rights under 38 U.S.C. Section 4312, employers shall be required to reemploy the employee in the position he or she held, or in a position of like seniority, status, and pay for which he or she is qualified. (b) Any leave of absence of an employee due to the involuntary mobilization of their spouse shall be unpaid, and no benefits or accrual of benefits shall be provided during this leave unless the employer chooses to do so. IV. Employees shall notify their employers of their spouse's involuntary mobilization within 30 days of their spouse receiving official notice of such mobilization. Employers shall provide the employees with written acknowledgment of the notice of deployment, explicitly confirming adherence to the terms of this section. V. Upon the spouse's completion of mobilization, the employee is required to report to or submit a timely application for reemployment to his or her employer. VI. The employer may choose not to reemploy the employee if the employer certifies that its circumstances have so changed as to make reemployment impossible or unreasonable as defined by 20 C.F.R. Section 1002.139. VII. (a) Employees who believe they have been subjected to a violation of this statute may file a complaint with the New Hampshire department of labor as provided under RSA 110-C within 180 days of the alleged violation. (b) If a violation is found, the employer shall be liable for reinstatement, back pay, and any benefits lost due to the violation. The department of labor or local court, or both, may also award the employee reasonable attorney's fees and costs. (c) The department of labor shall adopt rules pursuant to RSA 541-A to govern complaint and hearing procedures under this section. VIII. This section shall be construed in conjunction with the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and shall not limit any rights or protections provided under federal law.