46-409 THE MILITIA CIVIL RELIEF ACT.
MILITIA AND MILITARY AFFAIRS
CHAPTER 4
IMMUNITIES AND PRIVILEGES
46-409. The militia civil relief act. (1) As used in this section, the following terms have the following meanings:
(a) "Active member" means any member of the air or army national guard who is called or ordered by the governor for thirty (30) consecutive days or more to state active duty, or to duty other than for training under title 32 U.S.C., or ordered by competent federal authority into active federal service under title 10 U.S.C. for thirty (30) consecutive days or more.
(b) "Be called or ordered by the governor" means to be called or ordered by the governor for thirty (30) consecutive days or more to state active duty or to duty other than for training under title 32 U.S.C.
(c) "Duty other than for training" means any state active duty or title 32 U.S.C. duty other than training unless training is required as part of thirty (30) days of the consecutive duty upon the call or order of the governor, or active federal service under title 10 U.S.C. Duty other than for training does not include weekend drill, annual training (generally fifteen (15) days) as part of normal national guard service, and does not include attendance at military schools unless such attendance is required as part of, or occurs in conjunction with thirty (30) days of consecutive duty upon the call or order of the governor, or by order of competent federal authority.
(d) "Employee" means any person employed by a public or private employer.
(e) "Soldiers’ and sailors’ civil relief act (SSCRA)" means the provisions of 50 App. U.S.C. section 501 et seq. which protects active military service members.
(f) "State active duty" means any active duty performed for thirty (30) consecutive days or more by an active member of the national guard in accordance with this title when called or ordered by the governor.
(g) "Uniform services employment and reemployment rights act of 1994 (USERRA)" means the provisions of 38 U.S.C. section 4301 et seq., which gives employees who leave a civilian job to perform military service the right to return to the civilian job held before entering military service with the rights to seniority, to purchase insurance coverage and purchase retirement credit.
(2) Whenever any active member of the national guard in time of war, armed conflict, or emergency proclaimed by a governor or by the president of the United States, shall be called or ordered by a governor to state active duty for a period of thirty (30) consecutive days or more, or to duty other than for training pursuant to title 32 U.S.C., the provision as then in effect of the soldiers’ and sailors’ civil relief act, 50 App. U.S.C. section 501 et seq., and the uniform services employment and reemployment rights act, 38 U.S.C. section 4301 et seq., shall apply.
(3) With reference to 50 App. U.S.C. section 581, the adjutant general or his designee shall be responsible to execute certificates of service referred to therein.