HB225 (2025) Detail

Relative to the employment of military spouses in the event of involuntary deployment of service member.


CHAPTER 172

HB 225-FN - FINAL VERSION

 

13Feb2025... 0075h

05/15/2025   1963s

05/15/2025   2086s

 

2025 SESSION

25-0216

06/08

 

HOUSE BILL 225-FN

 

AN ACT relative to the employment of military spouses in the event of involuntary deployment of service member.

 

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

 

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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.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

 

AN ACT relative to the employment of military spouses in the event of involuntary deployment of service member.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

172:1  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.

172:2  Effective Date.  This act shall take effect January 1, 2026.

 

Approved: July 15, 2025

Effective Date: January 01, 2026

 

 

Amendments

Date Amendment
Feb. 6, 2025 2025-0075h
May 6, 2025 2025-1963s
May 15, 2025 2025-2086s

Links


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

Bill Text Revisions

HB225 Revision: 48909 Date: July 21, 2025, 12:24 p.m.
HB225 Revision: 48488 Date: June 5, 2025, 10:18 a.m.
HB225 Revision: 48217 Date: May 19, 2025, 12:53 p.m.
HB225 Revision: 48152 Date: May 15, 2025, 3:38 p.m.
HB225 Revision: 48004 Date: May 6, 2025, 2:24 p.m.
HB225 Revision: 47030 Date: March 3, 2025, 2:39 p.m.
HB225 Revision: 46947 Date: Feb. 6, 2025, 8:17 a.m.
HB225 Revision: 46023 Date: Jan. 6, 2025, 9:50 p.m.

Docket


July 22, 2025: Signed by Governor Ayotte 07/15/2025; Chapter 172; eff. 01/01/2026 HJ 18


July 2, 2025: Enrolled Adopted, VV, (In recess 06/26/2025); SJ 17


July 2, 2025: Enrolled (in recess of) 06/26/2025 HJ 18


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