Assigned to COMPS FOR
COMMITTEE
Assigned to COMPS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
national guard; employment rights
Purpose
Extends leave of absence protections to National Guard members from other states.
Background
The National Guard consists of commissioned and warranted officers, enlisted personnel and federally-recognized state militia (A.R.S. § 26-122). Employers may not deny a leave of absence to an Arizona National Guard member to fulfill active duty or training orders. Arizona National Guard members required to take a military duty-related employment absence are protected against the loss of: 1) otherwise granted vacation rights and pay; 2) seniority or precedence; and 3) time or efficiency rating. Upon orders from the Governor to complete training or duty, members of the Arizona National Guard receive the same protections granted for federal active duty under the Soldiers and Sailors Civil Relief Act of 1940 and the Uniformed Services Employment and Reemployment Rights Act of 1994 (A.R.S. § 26-168).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits employers from denying National Guard members from other states a leave of absence to comply with active duty or training orders.
2. Extends, from Arizona members to members of other states, National Guard protections for military duty-related employment absence, including preservation of:
a) otherwise granted vacation rights and pay;
b) seniority or precedence; and
c) time or efficiency rating.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
House Action
MVRA 2/5/18 DP 9-0-0-0
3rd Read 2/15/18 59-0-1-0
Prepared by Senate Research
March 1, 2018
GH/JP/lb