New Hampshire Revised Statutes 112:8 – Reinstatement of Employees
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Terms Used In New Hampshire Revised Statutes 112:8
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Armed forces: means the United States Army, Army Reserve, Navy, Naval Reserve, Marine Corps, Marine Corps Reserve, Air Force, Air Force Reserve, Space Force, Coast Guard, Coast Guard Reserve, Army National Guard, and the Air National Guard. See New Hampshire Revised Statutes 21:50
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Veteran: means any person who:
(1) Served in the United States armed forces for more than 4 years and continues to serve; or
(2) Has been discharged or released from duty in the United States armed forces with:
(A) An honorable discharge; or
(B) An uncharacterized discharge based on a service-connected injury, illness, or disability. See New Hampshire Revised Statutes 21:50
Any state employee who left or leaves to enter the armed forces of the United States shall be reinstated after such service in the armed forces, provided he makes application therefor within 60 days after his discharge from such service. In the event that any such state employee is discharged from the armed forces of the United States because of physical disability which requires a period greater than 60 days but not longer than one year in which to recuperate to an extent which will render him physically qualified to resume his former state duties, upon application in writing to that effect (substantiated by a certificate from a medical physician), filed with the appointing or employing authority of such person within a period of 60 days following discharge from the armed forces, the limiting period of 60 days specified in N.H. Rev. Stat. § 112:7 and 8 shall be extended to a period of not more than one year. No person shall be entitled to reinstatement in the event of his dishonorable discharge from such service in the armed forces of the United States. Under the provisions of this chapter any former employee of the state shall be entitled to all increases in compensation and to any within-department promotion or advantage which would have accrued to him had he continued in state service during the time of this service in the armed forces, provided, however, such employee shall have to his credit only the same number of days sick leave as had accrued to him at the time of his entry into the armed forces. If during the absence of such persons from the state service there has been any change in the organization of the department, board or commission, or other state agency in which the veteran was formerly employed, so that the position formerly held is no longer existent in fact, or if the position formerly held has become technically non-existent by reason of retitling, consolidation with another position or positions, or subdivision of responsibilities into other positions, the veteran shall, without undue delay, be entitled to appointment to a position in the reorganized department, board or commission, which shall in standing and status be equivalent to the position held by him prior to his entry into the armed forces of the United States and carrying compensation at no lesser rate. Provided that if a veteran shall be reinstated in a reorganized department, board or commission, as provided in the preceding sentence, said department, board or commission shall, upon such reinstatement, unless need and an appropriation for an additional employee exists, immediately decrease its personnel by the discharge of one of its other employees, it being the intention of the legislature that in such an event the reinstatement of the veteran shall not unnecessarily increase the number of employees of said department, board or commission.