Amendment #22 to S1885

Employment Protection for National Guard Members Ordered to State Active Duty

Mr. Naughton of Clinton moves to amend the bill by adding the following section at the end thereof:-

SECTION XX.  Chapter 33 of the General Laws is hereby amended by striking out section 13 and inserting in place the following section:-

Section 13. Uniformed services employment and reemployment rights act.

All members of the armed forces of the commonwealth, to include a state guard or similar organization composed as permitted by law, or the armed forces of another state or territory who are employed within the commonwealth and ordered to active duty under this chapter, appropriate authority of another state or territory, or 32 U.S.C. shall be entitled to all rights, protections, privileges, remedies and immunities afforded under the Uniformed Services Employment and Reemployment Rights Act, codified at 38 U.S.C. 4301 et seq., as from time to time amended.

(a) As used in this section, the following words shall, in addition to the definitions provided for in 38 U.S.C. 4303 and unless context clearly requires otherwise, have the following meanings:-

"Benefit of employment” shall include a workplace free of conduct that has the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or offensive work environment.

“Service in the uniformed services” shall also mean voluntary or involuntary service in the armed forces of the commonwealth as defined in section ten of this chapter, to include a state guard or similar organization composed as permitted by law, or in the armed forces of another state or territory.

“Uniformed services” shall also mean the armed forces of the commonwealth, to include a state guard or similar organization composed as permitted by law, when engaged in duty under this chapter or 32 U.S.C. or the armed forces of another state or territory when ordered to active duty under appropriate authority.

(b) For the purposes of this section, the adjutant general of the commonwealth shall perform all duties assigned to the secretaries of defense and labor of the United States under 38 U.S.C. 4301 et seq., with assistance from the secretary of labor and workforce development of the commonwealth when so requested by the adjutant general.

(c) For purposes of this section, the attorney general of the commonwealth shall perform all duties assigned to the attorney general of the United States under 38 U.S.C. 4301 et seq.

(d) For the purposes of this section, the secretary of veterans’ services of the commonwealth shall perform the duties assigned to the secretary of veterans affairs of the United States pursuant to 38 U.S.C. §4333.

(e) In the case of an action under this section, the action may proceed in the district or superior courts of the commonwealth. Courts shall order a speedy hearing in any such case and shall advance it on the calendar.  In the hearing and determination of applications under this section, courts shall have authority to provide all remedies, assert all equity powers, and award all reasonable attorneys’ fees and costs available to courts under 38 U.S.C. 4301 et seq.

(f) Any service performed pursuant to this chapter or similar authority of another state or territory when in support of a critical homeland security or emergency management operation as determined by the adjutant general shall not be included in the calculation of a person’s cumulative period of absence from a position of employment.