This bill introduces new employment protections for the spouses of military service members who are involuntarily mobilized for war, national emergencies, or contingency operations. It amends RSA 110-C by adding a new section, 110-C:1-a, which prohibits employers from discharging, refusing to hire, or taking adverse employment actions against employees based on their spouse's involuntary mobilization. The bill defines key terms such as "employer," "employee," "involuntary mobilization," and "spouse," and mandates that employers must reemploy affected employees in their previous positions or equivalent roles after the mobilization period, in line with the reemployment rights under federal law. Additionally, employees are required to notify their employers of their spouse's mobilization within 30 days and must apply for reemployment upon the completion of the mobilization.
The bill also establishes a complaint process for employees who believe their rights have been violated, allowing them to file complaints with the New Hampshire Department of Labor within 180 days. If a violation is found, employers may be liable for reinstatement, back pay, and lost benefits, with the possibility of the court awarding attorney's fees and costs. The Department of Labor is tasked with adopting rules to govern the complaint and hearing procedures. The bill does not provide funding or authorize new positions, and its fiscal impact is considered indeterminable, as it may lead to costs associated with reinstatement and back pay in cases of violations, but these costs are difficult to quantify.