§ 13-704
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/md/public-safety/13-704A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§13–704.
(a)The rights granted to members of the National Guard by this section and § 13–704.1 of this subtitle shall be in addition to the rights granted to them by federal law, including the Servicemembers Civil Relief Act and the Uniformed Services Employment and Reemployment Rights Act.
(1)The following provisions of federal law shall be adopted as State law and applied to members of the National Guard as described therein.
(2)The Servicemembers Civil Relief Act applies only when members of the National Guard are ordered to military duty under this title or Title 10 or Title 32 of the United States Code for a period of 14 consecutive days or longer.
(3)The Uniformed Services Employment and Reemployment Rights Act applies to the following individuals when ordered to military duty for any period of time:
(i)members of the National Guard when ordered to military duty under this title or Title 10 or Title 32 of the United States Code, whether or not the member is a resident of or employed in this State; and
(ii)residents of this State who are members of the National Guard in another state or the District of Columbia, when ordered to military duty by the chief executive officer of that jurisdiction or under Title 10 or Title 32 of the United States Code.
(1)A member of the National Guard whose employment and reemployment rights under this section have been violated may bring a civil action for economic damages, including lost wages and benefits.
(2)If the court determines that a member of the National Guard is entitled to judgment in an action filed under this subsection, the court may award the member:
(i)any damages to which the member may be entitled under subsection
(a)of this section;
(ii)reasonable counsel fees and other costs; and
(iii)any other appropriate relief.