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Military Duty Leave for Employees in North Carolina

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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North Carolina employers must provide employees with leave for military duty in accordance with these state rules.

A member of the North Carolina National Guard called into service of the state by the governor has the right to take leave without pay from his or her civilian employment without using or exhausting vacation or other accrued leaves from his or her civilian employment for a period of active service. The choice of leave is solely within the discretion of the member.

Reinstatement

The employee must make written application to his or her previous employer for reemployment within five days of his or her release from duty or from hospitalization continuing after release.

If the employee is still qualified for his or her previous employment, he or she must be restored to that 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 or her previous employment, he or she must be placed in another position, for which the employee is qualified, and that will provide appropriate seniority, status and salary, unless the employer's circumstances now make the placement unreasonable.

Prohibited Discrimination

In North Carolina, there is to be no discrimination in the workplace with regard to employment, position or status nor may an individual be denied or disqualified from employment because the individual is a member of the military. Further, an employer may not discharge any person from employment because of the performance of any emergency military duty.

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