48-517.Reemployment of persons called to duty, when required.(a) Any person who is called or ordered to active duty by thestate, whether such person is a member of the Kansas national guard, Kansas airnational guard, the Kansas state guard or other military force of this stateand whogave notice thereof to the person's employer, upon satisfactoryperformance of andrelease and return from suchmilitary duty or recovery from disease or injury resulting therefrom, underhonorable conditions, shall be reinstated in or restored to the position ofemployment, excepta temporary position, which the person held at the time the person was calledto duty. The person shall report to the person's place of employment within 72hours after release from duty or recovery from disease or injury resultingtherefrom, as the case may be, and the person's employer or theemployer's successor in interest, whether an agency of the state, a politicalsubdivisionof the state or a private employer, shall reinstate or restore the person inthe same position which the person left at the time of the person's call toduty at no less compensation than that which the person was receiving at thetime of the person's call to duty or to a position of like seniority, statusandpay. However, if the personis not qualified to perform the duties of the same position by reason ofdisability sustained during the person's call to duty but is qualified toperform another position in the employ of the employer or the employer'ssuccessor, the employer or the employer's successor in interest shall employsuch person inanother position, the duties of which the person is qualified to perform, thatwill provide like seniority, status and pay or the nearest approximationthereofconsistent with the circumstances of the case.Any person called to dutyshall receive, upon releaseunder honorable conditions, documentation of honorable service to the state, asprovided by the adjutant general.
(b) Any person who is restored to the person's position in accordance withthe provisions of subsection (a) shall be considered as having been ontemporary leave of absence during the period for which the person is called toactive duty, shall be restored without loss of seniority, shall be entitled toparticipate in any benefits offered by the employer pursuant to establishedrules and practices relating to employees on leave of absence in effect withthe employer at the time the person was called to duty as provided herein andshall not be discharged from the person's position without cause within oneyear after restoration to the position.
(c) It is understood and declared to be the intent of this section that anyperson who is restored to a position in accordance with the provisions ofsubsections (a) and (b) shall be restored in such manner as to give the personsuch status in the person's employment as the person would have enjoyed if theperson had continued in such employment continuously from the time of theperson's answering the call to state duty until the time of the person'srestoration to such employment.
(d) An application on behalf of a person claiming tobe entitled to any right or benefit under this section may be made to theattorney general.If theattorney general is reasonably satisfied that the person is entitled to theright or benefitsought, the attorney general may appear on behalf of and act asattorney for the person on whose behalf the application is submitted and maycommence an action in the district court of the county for appropriate relieffor the person. The district court of the county where the employer of aperson claiming a right or benefit under this section, or the successor ininterest to such employer, maintains a place of business shall havejurisdiction of any action filed by or on behalf of such person. If the courtdetermines that the employer or the employer's successor in interest has failedto comply with the provisions of this section, the court may order the employeror the employer's successor in interest to: (1) Comply with the provisions ofthis section; and (2) compensate the person for any loss of wages or benefitssuffered by reason of the failure of the employer or employer's successor ininterest to comply with the provisions of this section. In addition, the courtmay order the employer or the employer's successor in interest to pay theperson an additional amount equal to the amount authorized by subsection (d)(2)if the court determines that the employer or the employer's successor ininterest willfully failed to comply with the provisions of this section. Nofees or court costs shall be taxed against any person commencing an actionunder this subsection. The employer or the employer's successor in interestshall be deemed the only necessary party defendant to anysuch action.
(e) In any case in which two or more persons who are entitled to be restoredto a position under the provisions of this section or of any law relating tosimilar reemployment or reinstatement benefits left the same position in orderto enter the state call to duty, the person who left the position first shallhave the prior right to be restored thereto, without prejudice to thereemployment rights of the other person or persons to be restored.
(f) Upon request, the adjutant general shall providetechnical assistance to any person claiming to be entitled to any right orbenefit under this section and, when appropriate, to the employer or employer'ssuccessor in interest. The adjutant general shall investigate the person'sclaim and attempt to resolve the claim by making reasonable efforts to ensurethat the employer or employer's successor in interest complies with theprovisionsof this section. If such efforts are not successful, the adjutant generalshall notify the person of the results of the investigation and the person'sentitlement to proceed as provided by subsection (d).
(g) (1) An employer or an employer's successor in interest shall not berequired to reemploy a person under this section if:
(A) The circumstances of the employer or the employer's successor ininteresthave so changed as to make reemployment of the person impossible orunreasonable;
(B) reemployment of the person would impose an undue hardship on theemployer or the employer's successor in interest; or
(C) the employment from which the person leaves to serve in military dutyis for a brief, nonrecurrent period and there is no reasonable expectation thatsuch employment will continue indefinitely or for a significant period.
(2) As used in subsection (f)(1), "undue hardship" means actions requiringsignificant difficulty or expense, when considered in light of:
(A) The nature and cost of the action needed under this act;
(B) the overall financial resources of the facility or facilities involvedin the provision of the action; the number of persons employed at suchfacility;the effect on expenses and resources, or the impact otherwise of such actionupon the operation of the facility;
(C) the overall financial resources of the employer or the employer'ssuccessor in interest; the overall size of the business of the employer or theemployer's successor in interest with respect to the number of employees; thenumber, type and location of its facilities; and
(D) the type of operation or operations of the employer or the employer'ssuccessor in interest, including the composition, structure and functions ofthe work force of such employer or successor in interest; the geographicseparateness, administrative, or fiscal relationship of the facility orfacilities in question to the employer or successor in interest.
48-517.Reemployment of persons called to duty, when required.(a) Any person who is called or ordered to active duty by thestate, whether such person is a member of the Kansas national guard, Kansas airnational guard, the Kansas state guard or other military force of this stateand whogave notice thereof to the person's employer, upon satisfactoryperformance of andrelease and return from suchmilitary duty or recovery from disease or injury resulting therefrom, underhonorable conditions, shall be reinstated in or restored to the position ofemployment, excepta temporary position, which the person held at the time the person was calledto duty. The person shall report to the person's place of employment within 72hours after release from duty or recovery from disease or injury resultingtherefrom, as the case may be, and the person's employer or theemployer's successor in interest, whether an agency of the state, a politicalsubdivisionof the state or a private employer, shall reinstate or restore the person inthe same position which the person left at the time of the person's call toduty at no less compensation than that which the person was receiving at thetime of the person's call to duty or to a position of like seniority, statusandpay. However, if the personis not qualified to perform the duties of the same position by reason ofdisability sustained during the person's call to duty but is qualified toperform another position in the employ of the employer or the employer'ssuccessor, the employer or the employer's successor in interest shall employsuch person inanother position, the duties of which the person is qualified to perform, thatwill provide like seniority, status and pay or the nearest approximationthereofconsistent with the circumstances of the case.Any person called to dutyshall receive, upon releaseunder honorable conditions, documentation of honorable service to the state, asprovided by the adjutant general.
(b) Any person who is restored to the person's position in accordance withthe provisions of subsection (a) shall be considered as having been ontemporary leave of absence during the period for which the person is called toactive duty, shall be restored without loss of seniority, shall be entitled toparticipate in any benefits offered by the employer pursuant to establishedrules and practices relating to employees on leave of absence in effect withthe employer at the time the person was called to duty as provided herein andshall not be discharged from the person's position without cause within oneyear after restoration to the position.
(c) It is understood and declared to be the intent of this section that anyperson who is restored to a position in accordance with the provisions ofsubsections (a) and (b) shall be restored in such manner as to give the personsuch status in the person's employment as the person would have enjoyed if theperson had continued in such employment continuously from the time of theperson's answering the call to state duty until the time of the person'srestoration to such employment.
(d) An application on behalf of a person claiming tobe entitled to any right or benefit under this section may be made to theattorney general.If theattorney general is reasonably satisfied that the person is entitled to theright or benefitsought, the attorney general may appear on behalf of and act asattorney for the person on whose behalf the application is submitted and maycommence an action in the district court of the county for appropriate relieffor the person. The district court of the county where the employer of aperson claiming a right or benefit under this section, or the successor ininterest to such employer, maintains a place of business shall havejurisdiction of any action filed by or on behalf of such person. If the courtdetermines that the employer or the employer's successor in interest has failedto comply with the provisions of this section, the court may order the employeror the employer's successor in interest to: (1) Comply with the provisions ofthis section; and (2) compensate the person for any loss of wages or benefitssuffered by reason of the failure of the employer or employer's successor ininterest to comply with the provisions of this section. In addition, the courtmay order the employer or the employer's successor in interest to pay theperson an additional amount equal to the amount authorized by subsection (d)(2)if the court determines that the employer or the employer's successor ininterest willfully failed to comply with the provisions of this section. Nofees or court costs shall be taxed against any person commencing an actionunder this subsection. The employer or the employer's successor in interestshall be deemed the only necessary party defendant to anysuch action.
(e) In any case in which two or more persons who are entitled to be restoredto a position under the provisions of this section or of any law relating tosimilar reemployment or reinstatement benefits left the same position in orderto enter the state call to duty, the person who left the position first shallhave the prior right to be restored thereto, without prejudice to thereemployment rights of the other person or persons to be restored.
(f) Upon request, the adjutant general shall providetechnical assistance to any person claiming to be entitled to any right orbenefit under this section and, when appropriate, to the employer or employer'ssuccessor in interest. The adjutant general shall investigate the person'sclaim and attempt to resolve the claim by making reasonable efforts to ensurethat the employer or employer's successor in interest complies with theprovisionsof this section. If such efforts are not successful, the adjutant generalshall notify the person of the results of the investigation and the person'sentitlement to proceed as provided by subsection (d).
(g) (1) An employer or an employer's successor in interest shall not berequired to reemploy a person under this section if:
(A) The circumstances of the employer or the employer's successor ininteresthave so changed as to make reemployment of the person impossible orunreasonable;
(B) reemployment of the person would impose an undue hardship on theemployer or the employer's successor in interest; or
(C) the employment from which the person leaves to serve in military dutyis for a brief, nonrecurrent period and there is no reasonable expectation thatsuch employment will continue indefinitely or for a significant period.
(2) As used in subsection (f)(1), "undue hardship" means actions requiringsignificant difficulty or expense, when considered in light of:
(A) The nature and cost of the action needed under this act;
(B) the overall financial resources of the facility or facilities involvedin the provision of the action; the number of persons employed at suchfacility;the effect on expenses and resources, or the impact otherwise of such actionupon the operation of the facility;
(C) the overall financial resources of the employer or the employer'ssuccessor in interest; the overall size of the business of the employer or theemployer's successor in interest with respect to the number of employees; thenumber, type and location of its facilities; and
(D) the type of operation or operations of the employer or the employer'ssuccessor in interest, including the composition, structure and functions ofthe work force of such employer or successor in interest; the geographicseparateness, administrative, or fiscal relationship of the facility orfacilities in question to the employer or successor in interest.
48-517.Reemployment of persons called to duty, when required.(a) Any person who is called or ordered to active duty by thestate, whether such person is a member of the Kansas national guard, Kansas airnational guard, the Kansas state guard or other military force of this stateand whogave notice thereof to the person's employer, upon satisfactoryperformance of andrelease and return from suchmilitary duty or recovery from disease or injury resulting therefrom, underhonorable conditions, shall be reinstated in or restored to the position ofemployment, excepta temporary position, which the person held at the time the person was calledto duty. The person shall report to the person's place of employment within 72hours after release from duty or recovery from disease or injury resultingtherefrom, as the case may be, and the person's employer or theemployer's successor in interest, whether an agency of the state, a politicalsubdivisionof the state or a private employer, shall reinstate or restore the person inthe same position which the person left at the time of the person's call toduty at no less compensation than that which the person was receiving at thetime of the person's call to duty or to a position of like seniority, statusandpay. However, if the personis not qualified to perform the duties of the same position by reason ofdisability sustained during the person's call to duty but is qualified toperform another position in the employ of the employer or the employer'ssuccessor, the employer or the employer's successor in interest shall employsuch person inanother position, the duties of which the person is qualified to perform, thatwill provide like seniority, status and pay or the nearest approximationthereofconsistent with the circumstances of the case.Any person called to dutyshall receive, upon releaseunder honorable conditions, documentation of honorable service to the state, asprovided by the adjutant general.
(b) Any person who is restored to the person's position in accordance withthe provisions of subsection (a) shall be considered as having been ontemporary leave of absence during the period for which the person is called toactive duty, shall be restored without loss of seniority, shall be entitled toparticipate in any benefits offered by the employer pursuant to establishedrules and practices relating to employees on leave of absence in effect withthe employer at the time the person was called to duty as provided herein andshall not be discharged from the person's position without cause within oneyear after restoration to the position.
(c) It is understood and declared to be the intent of this section that anyperson who is restored to a position in accordance with the provisions ofsubsections (a) and (b) shall be restored in such manner as to give the personsuch status in the person's employment as the person would have enjoyed if theperson had continued in such employment continuously from the time of theperson's answering the call to state duty until the time of the person'srestoration to such employment.
(d) An application on behalf of a person claiming tobe entitled to any right or benefit under this section may be made to theattorney general.If theattorney general is reasonably satisfied that the person is entitled to theright or benefitsought, the attorney general may appear on behalf of and act asattorney for the person on whose behalf the application is submitted and maycommence an action in the district court of the county for appropriate relieffor the person. The district court of the county where the employer of aperson claiming a right or benefit under this section, or the successor ininterest to such employer, maintains a place of business shall havejurisdiction of any action filed by or on behalf of such person. If the courtdetermines that the employer or the employer's successor in interest has failedto comply with the provisions of this section, the court may order the employeror the employer's successor in interest to: (1) Comply with the provisions ofthis section; and (2) compensate the person for any loss of wages or benefitssuffered by reason of the failure of the employer or employer's successor ininterest to comply with the provisions of this section. In addition, the courtmay order the employer or the employer's successor in interest to pay theperson an additional amount equal to the amount authorized by subsection (d)(2)if the court determines that the employer or the employer's successor ininterest willfully failed to comply with the provisions of this section. Nofees or court costs shall be taxed against any person commencing an actionunder this subsection. The employer or the employer's successor in interestshall be deemed the only necessary party defendant to anysuch action.
(e) In any case in which two or more persons who are entitled to be restoredto a position under the provisions of this section or of any law relating tosimilar reemployment or reinstatement benefits left the same position in orderto enter the state call to duty, the person who left the position first shallhave the prior right to be restored thereto, without prejudice to thereemployment rights of the other person or persons to be restored.
(f) Upon request, the adjutant general shall providetechnical assistance to any person claiming to be entitled to any right orbenefit under this section and, when appropriate, to the employer or employer'ssuccessor in interest. The adjutant general shall investigate the person'sclaim and attempt to resolve the claim by making reasonable efforts to ensurethat the employer or employer's successor in interest complies with theprovisionsof this section. If such efforts are not successful, the adjutant generalshall notify the person of the results of the investigation and the person'sentitlement to proceed as provided by subsection (d).
(g) (1) An employer or an employer's successor in interest shall not berequired to reemploy a person under this section if:
(A) The circumstances of the employer or the employer's successor ininteresthave so changed as to make reemployment of the person impossible orunreasonable;
(B) reemployment of the person would impose an undue hardship on theemployer or the employer's successor in interest; or
(C) the employment from which the person leaves to serve in military dutyis for a brief, nonrecurrent period and there is no reasonable expectation thatsuch employment will continue indefinitely or for a significant period.
(2) As used in subsection (f)(1), "undue hardship" means actions requiringsignificant difficulty or expense, when considered in light of:
(A) The nature and cost of the action needed under this act;
(B) the overall financial resources of the facility or facilities involvedin the provision of the action; the number of persons employed at suchfacility;the effect on expenses and resources, or the impact otherwise of such actionupon the operation of the facility;
(C) the overall financial resources of the employer or the employer'ssuccessor in interest; the overall size of the business of the employer or theemployer's successor in interest with respect to the number of employees; thenumber, type and location of its facilities; and
(D) the type of operation or operations of the employer or the employer'ssuccessor in interest, including the composition, structure and functions ofthe work force of such employer or successor in interest; the geographicseparateness, administrative, or fiscal relationship of the facility orfacilities in question to the employer or successor in interest.
