South Carolina General Assembly
104th Session, 1981-1982

Bill 3234

                    Current Status

Bill Number:               3234
Ratification Number:       380
Act Number                 322
Introducing Body:          House
Subject:                   To provide reemployment rights to
                           members of the South Carolina National Guard
                           and State Guard called to periods of state
                           duty
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A322, R380, H3234)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 TO CHAPTER 1 OF TITLE 25 SO AS TO PROVIDE REEMPLOYMENT RIGHTS TO MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND STATE GUARD CALLED TO PERIODS OF STATE DUTY.

Be it enacted by the General Assembly of the State of South Carolina:

Reemployment rights for member of National Guard

Section 1. Chapter 1 of Title 25 of the 1976 Code is amended by adding:

"Article 18

Reemployment Rights

Section 25-1-2310. Any member of the South Carolina National Guard who, at the direction of the Governor, enters state duty is entitled, upon honorable release from such duty, to all the reemployment rights provided for in this article.

Section 25-1-2320. Upon release state duty, the employee shall make written application to his previous employer for reemployment within five days of his release from duty or from hospitalization continuing after release. If the employee is still qualified for his previous employment, he shall be restored to his previous position or to a position of like seniority, status and salary, unless the employer's circumstances now make the restoration unreasonable. If the employee is no longer qualified for his previous employment, he shall be placed in another position, for which he is qualified, and which will give him appropriate seniority, status and salary, unless the employer's circumstances now make the placement unreasonable.

Section 25-1-2330. Any employee may file a motion, petition, or other appropriate pleading in the circuit court of the county in which the employer's place of business is located requiring the employer to comply with the provisions of this article to compensate such employee for any loss of wages or benefits."

Inclusion of State Guard

Section 2. The provisions of Section 1 of the bill providing reemployment rights to members of the South Carolina National Guard shall also apply to members of the South Carolina State Guard who, at the direction of the Governor or by his authority, enter state duty and are honorably released from that duty.

Time effective

Section 3. This act shall take effect upon the approval by the Governor.