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

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

(2)  If not qualified to perform the person'semployment duties, by reason of disability sustained during ordered nationalguard service, but qualified to perform the duties of any other position in theemploy of such employer or the employer's successor in interest, be offeredemployment and, if such person so requests, be employed by such employer or theemployer's successor in interest in such other position the duties of whichsuch person is qualified to perform as will provide such person like seniority,status, and pay, or the nearest approximation thereof consistent with thecircumstances in such person's case,

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

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

(2)  Any person who is restored to or employed in aposition in accordance with the provisions of subsection (a) should be sorestored or reemployed in such manner as to give such person such status in theperson's employment as the person would have enjoyed if such person hadcontinued in such employment continuously from the time such person becameengaged in the performance of ordered national guard service until the time ofsuch person's restoration to such employment, or reemployment.

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