HB 225-FN - VERSION ADOPTED BY BOTH BODIES
13Feb2025... 0075h
05/15/2025 1963s
05/15/2025 2086s
2025 SESSION
25-0216
06/08
HOUSE BILL 225-FN
SPONSORS: Rep. Creighton, Hills. 30; Rep. Colcombe, Hills. 30; Rep. Edwards, Rock. 31; Rep. Gagne, Hills. 16; Rep. Gorski, Hills. 2; Rep. Harvey-Bolia, Belk. 3; Rep. M. Murray, Hills. 37; Rep. Pauer, Hills. 36; Rep. Roy, Rock. 31; Sen. Innis, Dist 7; Sen. Prentiss, Dist 5; Sen. Ward, Dist 8
COMMITTEE: Labor, Industrial and Rehabilitative Services
-----------------------------------------------------------------
ANALYSIS
This bill provides employment protections to the spouses of military service members who are involuntarily mobilized in support of war, national emergency, or contingency operations.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13Feb2025... 0075h
05/15/2025 1963s
05/15/2025 2086s 25-0216
06/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Employment Protection for Spouses During Involuntary Military Mobilization of Service Members. Amend RSA 110-C by inserting after section 1 the following new section:
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.
2 Effective Date. This act shall take effect January 1, 2026.
25-0216
5/19/25
HB 225-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENTS #2025-1963s and #2025-2086s)
FISCAL IMPACT: This bill does not provide funding.
|
| |||||
Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | Various Agency Funds | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
| ||||||
Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
METHODOLOGY:
This bill provides employment protections to the spouses of military service members who are involuntarily mobilized in support of war, national emergency, or contingency operations.
The Department of Labor indicates the bill would amend RSA 110:C by adding a new section relative to the employment rights and protections for spouses of military service members involuntarily mobilized. Stated protections include prohibition on discharge, refusal to hire, and adverse employment action based on involuntary mobilization and reemployment protections. The bill further authorizes filing of complaints for violations of the requirements with the Department of Labor, and obligates employers as liable for reinstatement, back pay and benefits lost due to violation if found. The proposed language further mandates the Department of Labor to adopt rules pursuant to RSA 541-A relative to complaint and hearing procedures for complaints alleging violation. The Department of Labor states it is unlikely that the bill would have a significant impact on revenues at the state, county or local level. It is possible there may be cost associated with reinstatement and back pay in instances where a public employer violates the stated requirements, but any such cost is difficult to quantify. In terms of state costs, the Department does not anticipate that the bill would materially impact the administration of complaints or associated hearings.
The Department of Administrative Services (DAS) understands that this bill would require the State, as an employer, to provide employment protections for state employees who are spouses of military service members involuntarily mobilized in support of war, national emergencies or contingency operations. The legislation also states that any leave of absence required for affected employees would be unpaid and no accruals or benefits would be paid during any leave taken under the stated circumstances. The Department assumes these requirements would apply to all executive branch employees, including those in classified, non-classified and unclassified positions.
The DAS states the fiscal impact of the proposed legislation is indeterminable. Once the affected employee(s) give notice to the employer of their spouse being involuntarily mobilized under the stated conditions, the affected employee would essentially receive a status of unpaid job protection, similar to that of FMLA. Since the legislation states that any leave of absence requested under the criteria of bill would be unpaid, without accruals or benefit continuation, there would be no direct cost to the state as an employer. The only financial impact that may apply is if an employee is wrongfully terminated, in violation of the bill, which would require the state as an employer to provide back pay and any loss of benefits and legal costs to the affected employee seeking reinstatement. Any such cost is indeterminable as the number of employees who may report a violation of this legislation, and the potential cost cannot be predicted.
AGENCIES CONTACTED:
Departments of Labor and Administrative Services
| Date | Amendment |
|---|---|
| Feb. 6, 2025 | 2025-0075h |
| May 6, 2025 | 2025-1963s |
| May 15, 2025 | 2025-2086s |
| Date | Body | Type |
|---|---|---|
| Jan. 21, 2025 | House | Hearing |
| Jan. 21, 2025 | House | Hearing |
| Jan. 28, 2025 | House | Exec Session |
| Feb. 4, 2025 | House | Exec Session |
| Feb. 4, 2025 | House | Floor Vote |
| March 25, 2025 | Senate | Hearing |
| March 25, 2025 | Senate | Hearing |
| May 15, 2025 | Senate | Floor Vote |
June 5, 2025: House Concurs with Senate Amendment 2025-1963s and 2025-2086s (Rep. Creighton): MA VV 06/05/2025 HJ 16
May 15, 2025: Ought to Pass with Amendments #2025-1963s and #2025-2086s, MA, VV; OT3rdg; 05/15/2025; SJ 13
May 15, 2025: Sen. Innis Floor Amendment # 2025-2086s, AA, VV; 05/15/2025; SJ 13
May 15, 2025: Committee Amendment # 2025-1963s, AA, VV; 05/15/2025; SJ 13
May 15, 2025: HB 225 was Removed from the Consent Calendar; 05/15/2025; SJ 13
May 7, 2025: Committee Report: Ought to Pass with Amendment # 2025-1963s, 05/15/2025; Vote 6-0; CC; SC 21
March 18, 2025: ==TIME CHANGE== Hearing: 03/25/2025, Room 100, SH, 09:30 am; SC 14
March 13, 2025: Hearing: 03/25/2025, Room 100, SH, 09:45 am; SC 13
March 11, 2025: Introduced 03/06/2025 and Referred to Commerce; SJ 7
Feb. 13, 2025: Ought to Pass with Amendment 2025-0075h: MA VV 02/13/2025 HJ 5 P. 13
Feb. 13, 2025: Amendment # 2025-0075h: AA VV 02/13/2025 HJ 5 P. 13
Feb. 5, 2025: Committee Report: Ought to Pass with Amendment # 2025-0075h 02/04/2025 (Vote 19-1; CC) HC 11 P. 7
Jan. 29, 2025: ==CONTINUED== Executive Session: 02/04/2025 10:00 am LOB 210-211
Jan. 15, 2025: ==RECESSED== Executive Session: 01/28/2025 10:00 am LOB 307
Jan. 14, 2025: Public Hearing: 01/21/2025 03:15 pm LOB 307
Jan. 9, 2025: Public Hearing: 01/21/2025 02:00 pm LOB 307
Jan. 7, 2025: Introduced 01/08/2025 and referred to Labor, Industrial and Rehabilitative Services HJ 2 P. 11