Revision: Feb. 6, 2025, 8:17 a.m.
Rep. Creighton, Hills. 30
Rep. Labrie, Hills. 2
January 24, 2025
2025-0075h
06/08
Amendment to HB 225-FN
Amend the introductory paragraph of RSA 110-C:1-a as inserted by section 1 of the bill by replacing it with the following:
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.
Amend RSA 110-C:1-a, I as inserted by section 1 of the bill by replacing it with the following:
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 in New Hampshire.
(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.
Amend RSA 110-C:1-a, V as inserted by section 1 of the bill by replacing it with the following:
V. 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.
Amend RSA 110-C:1-a, VII as inserted by section 1 of the bill by replacing it with the following:
VII. The employer may choose not to reemploy the employee if the employer establishes that its circumstances have so changed as to make reemployment impossible or unreasonable as defined by 20 C.F.R. Section 1002.139.
Amend RSA 110-C:1-a, VIII(b) as inserted by section 1 of the bill by replacing it with the following:
(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.