CHAPTER 413

MILITARY AND CIVIL DEFENSE

AN ACT TO AMEND TITLE 20, DELAWARE CODE, ENTITLED, "MILITARY AND CIVIL DEFENSE" BY PROVIDING FOR LEAVE OF ABSENCE FROM WORK FOR EMPLOYEES WHO ARE MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES, WHILE ENGAGED IN TEMPORARY MILITARY TRAINING WITH THE ARMED FORCES OF THE UNITED STATES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 9, Title 20, Delaware Code, is amended by adding a new section thereto as follows:

§ 905. Leaves of absence for members of reserve on temporary active duty

(a) Any person who is a duly qualified member of the reserve components of the armed forces, who is a member of the Ready Reserve, who is a member of an Organized Unit, and who, in order to receive military training with the armed forces of the United States not to exceed fifteen days in any one calendar year, leaves a position other than a temporary position in the employ of any employer, and who shall give evidence defining date of departure and date of return for purposes of military training ninety days prior to the date of departure and who shall further give evidence of the satisfactory completion of such training immediately thereafter, and, who is still qualified to perform the duties of such position, shall be entitled to be restored to his previous or a similar position with the same status, pay, and seniority, and such period of absence for military training shall be construed as an absence with leave and within the discretion of the employer said leave may be with or without pay.

(b) Such absence for military training shall not affect the employee's right to receive normal vacation, sick leave,

bonus, advancement and other advantages of his employment normally to be anticipated in his particular position.

(c) If any employer fails to comply with any of the provisions of this section, the employee may, at his election, bring an action at law for damages for such non-compliance, or apply to the Superior Court for such equitable relief as may be just and proper under the circumstances.

Approved July 11, 1955.