HR Alert

North Carolina Amends National Guard Reemployment Rights Law

Amended Law Currently in Effect

North Carolina has amended its National Guard reemployment rights law. Highlights of the amended law are presented below.

Introduction to the Amended Law
Under current state law, any member of the North Carolina National Guard (or the National Guard of another state) is entitled--upon honorable release from state duty--to certain reemployment rights provided by law. Under the amended law, upon an employee's release, the employee's previous employer must reemploy the employee in his or her previous position within 5 days of release from state duty.

Amended Law's Timelines for Reemployment Applications
If the employee's state duty lasted 30 or fewer days, the employee must apply for reemployment (in writing) by the first regularly scheduled work period which begins 8 hours after the employee has safely traveled from the place of state service to his or her residence. If the employee's state duty lasted more than 30 days, the employee must apply (in writing) for reemployment within 14 days of release from state duty.

Note: If an employee is hospitalized for (or convalescing from) an illness or injury incurred in (or aggravated during) the performance of state duty, the employee must apply for reemployment (in writing) within the period necessary to recover from the illness or injury, up to 2 years unless the state Commissioner of Labor extends the period. Click here (section: 127A‑202(b)) for additional details.

The amendments above are effective as of July 21, 2017 and apply to state duty commencing on or after that date. Click here to read the text of the amended law.

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