H*3234 Session 104 (1981-1982)
H*3234(Rat #0380, Act #0322 of 1982) General Bill, By W.S. Anderson, Branton,
M.R. Daniel and A.V. Rawl
A Bill 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.-at
11/23/81 House Prefiled
11/23/81 House Referred to Committee on Medical, Military,
Public and Municipal Affairs
01/12/82 House Introduced and read first time HJ-95
01/12/82 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-95
02/18/82 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-913
02/24/82 House Amended HJ-1024
02/24/82 House Read second time HJ-1025
02/25/82 House Read third time and sent to Senate HJ-1072
03/02/82 Senate Introduced and read first time SJ-16
03/02/82 Senate Referred to Committee on General SJ-16
03/11/82 Senate Committee report: Favorable General SJ-21
03/16/82 Senate Read second time SJ-13
03/18/82 Senate Read third time and enrolled SJ-27
04/08/82 House Ratified R 380 HJ-2078
04/09/82 Signed By Governor
04/09/82 Effective date 04/09/82
04/09/82 Act No. 322
04/21/82 Copies available
(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. |