[§121-43]  Nonforfeiture for absence. 
(a)  Every employee of a private employer who is a member of the national guard
shall be entitled to absent oneself from the employee's employment duties while
engaged in the performance of ordered national guard service and while going to
and returning from such service.  Such person shall:



(1)  If still qualified to perform the person's
employment duties, be restored by such employer or the employer's successor in
interest to such position or to a position of like seniority, status, and pay;
or



(2)  If not qualified to perform the person's
employment duties, by reason of disability sustained during ordered national
guard service, but qualified to perform the duties of any other position in the
employ of such employer or the employer's successor in interest, be offered
employment and, if such person so requests, be employed by such employer or the
employer's successor in interest in such other position the duties of which
such person is qualified to perform as will provide such person like seniority,
status, and pay, or the nearest approximation thereof consistent with the
circumstances in such person's case,



unless the employer's circumstances have so changed
as to make it impossible or unreasonable to do so.



(b)  (1)  Any person who is restored to or employed in
a position in accordance with the provisions of subsection (a) shall be
considered as having been on furlough or leave of absence; shall be so restored
or reemployed without loss of seniority; shall be entitled to participate in
insurance or other benefits offered by the employer pursuant to established
rules and practices relating to employees on furlough or leave of absence in
effect with the employer at the time such person was ordered to national guard
service; and shall not be discharged from such employment position without
cause within one year after such restoration or reemployment.



(2)  Any person who is restored to or employed in a
position in accordance with the provisions of subsection (a) should be so
restored or reemployed in such manner as to give such person such status in the
person's employment as the person would have enjoyed if such person had
continued in such employment continuously from the time such person became
engaged in the performance of ordered national guard service until the time of
such person's restoration to such employment, or reemployment.



(3)  Any person who holds a position described in
subsection (a) shall not be denied retention in employment or any promotion or
other incident or advantage of employment because of any obligation as a member
of the national guard. [L 1979, c 5, §1; gen ch 1985]