HB 106 – AS INTRODUCED
HOUSE BILL 106
This bill establishes a procedure for a leave of absence from employment in order to be a candidate and serve as a legislator in the general court.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [
in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to leave of absences to serve as a legislator.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Leave of Absence as a Legislator. Amend RSA 275 by inserting after section 66 the following new subdivision:
Leave of Absence as a Legislator
275:67 Person Employed in Position Other than Temporary. Any person employed in a position other than a temporary position shall be granted a leave of absence to fulfill the duties of a member of the general court, provided that the employee gives written notice to his or her employer of his or her intent to become a candidate for the legislature within 10 days after filing for candidacy in a primary or general election. Following the person’s term of service as a legislator, the employee, if he or she is still qualified to perform the duties of the position from which the person was granted leave, shall be entitled to be restored to his or her previous, or a similar, position with the same status, pay, and seniority. This leave of absence shall, within the discretion of the employer, be with or without pay and shall be limited to one legislative term of 2 years.
275:68 Exception for Employer with 25 or Fewer Employees. This subdivision is not applicable if the employer employs 25 or fewer persons immediately prior to the first day of the leave of absence.
275:69 Waiver of Right. An employee who fails to provide the notice to his or her employer required by RSA 275:67 waives any rights to a leave of absence provided by this subdivision.
275:70 Appeal by Employer.
I. An employer who feels that granting the leave of absence required by this subdivision will cause unreasonable hardship for the employer’s business may appeal for relief by filing a written notice of appeal with the chair of the state board of conciliation and arbitration under RSA 273. If the notice of appeal is not filed within 14 days of receipt of the employee’s notice requesting a leave of absence, the employer waives the right to appeal. The notice of appeal shall state the name of the employee and the reasons for the alleged unreasonable hardship. This section provides the exclusive remedy for an employer claiming unreasonable hardship as a result of a request for a leave of absence.
II. The chair of the state board of conciliation and arbitration, or any member of the board designated by the chair, shall serve as an arbitrator of any case appealed under this section. The proceeding shall provide an opportunity for the employee to respond, orally or in writing, to the allegations contained in the appeal. Within 30 days of receipt of the notice of appeal, the arbitrator shall issue an order, binding on both parties, either affirming or denying the claim of unreasonable hardship. If the claim is affirmed, the employee shall not be entitled to a leave of absence under this subdivision. In reaching a decision, the arbitrator shall consider, but is not limited to, the following factors:
(a) The length of time the employee has been employed by the employer;
(b) The number of employees in the employer’s business;
(c) The nature of the employer’s business;
(d) The nature of the position held by the employee and the ease or difficulty and cost of temporarily filling the position during the leave of absence; and
(e) Any agreement entered into between the employee and employer as a condition of employment.
2 Effective Date. This act shall take effect 60 days after its passage.