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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE V MILITIA
  • CHAPTER 33 MILITIA
  • Section 13 Entitlement to rights, protections, privileges and immunities afforded under the Uniformed Services Employment and Reemployment Rights Act; action against private employer; service time exempted from calculation of cumulative period of absence from a position of employment

Section 13. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:?

''Benefit of employment'', shall have the same meaning as defined in 38 U.S.C. section 4303 (2) and 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 have the same meaning as defined in 38 U.S.C. section 4303 (13) and shall include voluntary or involuntary service in the armed forces of the commonwealth as defined in section 10, including the state defense force or similar organization composed as permitted by law, in the state staff or in the armed forces of another state or territory.

''Uniformed services'', shall have the same meaning as defined in 38 U.S.C. section 4303 (16) and shall include: (i) the armed forces of the commonwealth, including the state defense force or similar organization composed as permitted by law; (ii) the state staff when engaged in duty under this chapter or Title 32 of the United States Code; or (iii) the armed forces of another state or territory when ordered to active duty under appropriate authority.

(b) Members of the armed forces of the commonwealth, including the state defense force or similar organization composed as permitted by law, the state staff or the armed forces of another state or territory who are employed within the commonwealth and ordered to active duty under this chapter, the appropriate authority of another state or territory or Title 32 of the United States Code shall be entitled to all rights, protections, privileges and immunities afforded under the Uniformed Services Employment and Reemployment Rights Act, codified at 38 U.S.C. 4301 et seq.

(c) 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, when so requested by the adjutant general.

(d) 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.

(e) For the purposes of this section, the secretary of veterans' services of the commonwealth shall perform all duties assigned to the secretary of veterans affairs of the United States under section 38 U.S.C. 4301 et seq.

(f) In the case of an action against a private employer under this section, the action may proceed in the district or superior courts of the commonwealth. In the hearing and determination of applications under this section, courts shall have discretion to assess no fees or court costs against a person so applying for such benefits.

(g) 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.