71A-8-105. Reserve member of armed forces -- Leave of absence from employment -- Liability of employers.
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Effective 3/18/2024
71A-8-105. Reserve member of armed forces -- Leave of absence from employment -- Liability of employers.
(1)Any member of a reserve component of the armed forces of the United States who, pursuant to military orders, enters active duty, active duty for training, inactive duty training, or state active duty shall, upon request, be granted a leave of absence from employment, but for no more than five years.
(2)Members of the Utah National Guard or the State Defense Force, when ordered to state military service by the governor, have the same rights and protections as provided by federal law for activation to federal military service for the duration of their state service not to exceed five years.
(3)General officers of the Utah National Guard or the State Defense Force or other officers appointed to a general officer position, when appointed to state employment by the governor or the adjutant general, have the same rights and protections as provided by federal law for activation to federal military service for the duration of their state appointment, even if the state appointment exceeds five years.
(4)Upon satisfactory release from state or federal orders, or from hospitalization incidental to the orders, the member shall be permitted to return to the prior employment and have the same rights and protections as provided by federal law for activation to federal military service as it pertains to seniority, status, pay, and vacation the member would have had as an employee if the member had not been absent for military purposes.
(5)Any employer who willfully deprives an employee who is absent as a member under this chapter of any of the benefits under this chapter or discriminates in hiring for any employment position, public or private, based on membership in any reserve component of the armed forces, is guilty of a class B misdemeanor.