TITLE VIII
PUBLIC DEFENSE AND VETERANS' AFFAIRS
Chapter 110-C
NATIONAL GUARD; RIGHTS AND PROTECTIONS
Section 110-C:1
110-C:1 Employment Protection for Members of the National Guard, State Guard, or Militia. –
I. It is the intention of this section to eliminate the differences in benefits, rights, and protections in employment between individuals called to active duty by the federal government and those called to active duty by the state. Members of the national guard or state guard, when called to active service, state or federal, shall receive the same benefits, privileges, and protections in employment regardless of the activation authority or location of service.
II. Any person who shall be called by the governor of this state or any other state to active duty as a member of the national guard or any other state, or as a member of the militia, shall be afforded such employment and reemployment rights, privileges, benefits, and protections in employment as provided in the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4301 et seq., as though that person had been called to active duty in the service of the United States; and shall not be denied hiring, retention in employment, promotion, or other incidents or advantages of employment because of any obligation as a member of the national guard or the militia.
III. (a) Any member of national guard who believes his or her rights have been violated under this section must first attempt mediation through the Employer Support of the Guard and Reserve organization. If mediation is unsuccessful for any reason, including a refusal to participate by the employer, then the mediator shall certify the complaint to the New Hampshire department of labor.
(b) The department of labor shall provide assistance to affected military members with respect to the enforcement of rights and benefits under this section. If the department, after notice and a hearing, determines that an employer has violated this section, the department shall order a remedy which corrects the violation and may further order the employer to take action which compensates the member for any adverse impact of the violation. Any order to make the member whole shall be limited to pay, time credit, health benefits or other areas over which the employer has control.
(c) The department of labor shall adopt rules pursuant to RSA 541-A, to govern complaint and hearing procedures under this section.
(d) In the event the department of labor is unable to successfully resolve a complaint against an employer, the department of labor shall notify the affected military member and the military member may request that the complaint be referred to the attorney general. The attorney general may commence an action in the name of the state of New Hampshire for relief under this chapter for such person.
(e) If the attorney general declines to proceed in a given case, or if the person does not desire the assistance of the attorney general, the affected member may file a petition in superior court seeking relief against the employer for violation of this section. In any civil action to enforce the provisions of this section, the prevailing party may be allowed reasonable attorney's fees to be assessed by the court and collected as costs.
(f) The courts shall give proceedings under this chapter priority on the court calendar.
Source. 2002, 82:1, eff. May 3, 2002. 2022, 310:1, eff. Aug. 30, 2022.
Section 110-C:1-a
110-C:1-a Employment Protection for Spouses During Involuntary Military Mobilization of Service Members. –
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.
Source. 2025, 172:1, eff. Jan. 1, 2026.
Section 110-C:2
110-C:2 Civil Relief for Members of the New Hampshire National Guard, State Guard, or Militia. –
I. Any person who shall be called by the governor to active duty for a period of 30 days or more as a member of the state guard or national guard or as a member of the militia, shall be afforded the same civil protections, rights, privileges, benefits and relief, accorded under the Soldiers and Sailors Civil Relief Act, 50 U.S.C. Section 500 et seq., and Section 560 et seq., as if they had been called to federal active duty in the service of the United States.
II. In any civil action to enforce the provisions of this section, the prevailing party may be allowed reasonable attorney's fees to be assessed by the court and collected as costs.
Source. 2002, 82:1, eff. May 3, 2002.