(a) The Commander-in-Chief may in time of war, insurrection, rebellion, riot or imminent danger thereof, or in time of any state emergency, order the Guam National Guard, or any part thereof, into active military service of the Territory of Guam, except when such members of the Guam National Guard are already in the service of the United States.

(b) The Governor may also order the Guam National Guard, or any part thereof, to Territorial Active Duty to assist the government of Guam in affairs of state, state ceremonies, or other territorial activities or duties as determined by the Governor.

(c) Any person who is a member of the Guam National Guard, called to duty under the provisions of this Chapter, who, in order to perform duties or receive training with the armed forces of the United States or of the Territory of Guam, leaves a position in the employ of an employer, and who shall give evidence of the satisfactory completion of such duty or training, 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, in the same status, pay, and seniority, and such period of absence for military duty or training shall be construed as an absence with leave, but may be without pay. Such leave shall not be annual or regular leave, but in addition to that

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allowed the employee as part of the employment benefits. No employer shall require any employee to take annual or regular leave to participate in any training or duty under this Chapter.

(d) All members of the Guam National Guard shall receive pay as set out in § 63502 of this Chapter, but in no case shall the total pay and allowances received be less, unless waived by the guard member or unless the guard member’s employer authorizes leave, other than annual leave, with pay, than that earned at the guard member’s civilian employment for a normal eight (8) hour day for each day or fraction served on Territorial Active Duty under the provisions of this Chapter unless such pay exceeds the current government of Guam per diem allowance as set out in § 23104(A)(1), Title 5, Guam Code Annotated, in which event, members of the Guam National Guard who are ordered or called into service of the territory will not receive more than the per diem allowance existing at the time of such territorial duty. If the per diem allowance is less than military pay and allowances, the guard member shall receive military pay and allowances. It shall be the responsibility of the guard member to furnish his or her unit commander documentation of his or her civilian salary for a normal eight (8) hour day. The unit commander shall certify days or fractions thereof served on territorial active duty and documentation of the normal eight (8) hour day civilian salary, if any, and forward the same to the office of the Adjutant General or his designee for approval and calculation of territorial active duty pay. Calculations approved by the Adjutant General or his designee shall be forwarded to the Department of Administration for payment. The calculation shall determine the daily amount of military pay as set out in 63502 of this Chapter and the civilian pay a guard member would have earned in a normal eight (8) hour day. If the civilian pay is greater the guard member, unless he or she declines the differential, shall receive the military pay plus the difference between the military pay and the civilian pay for each day or fraction thereof. Methods of determining normal eight (8) hour daily pay calculations for various civilian business, to include but not be limited to sole proprietorships, partnerships, and corporations, or employments and methods of pay, including government and private sector civilian jobs, shall established by the Adjutant General.

(e) In the event the person referred to in the foregoing paragraphs are not reinstated as therein required, upon application by such a person to the Attorney General of Guam, the Attorney General shall act as the attorney for such person and shall institute such action as may be necessary to

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enforce compliance with the provisions contained in this Chapter, and no fees or court costs shall be taxed against the person applying for benefits hereunder. Failure to reinstate employees as required shall be deemed an act
of discrimination and in violation of ‘ 63501 of this Chapter.

(f) In proceedings to establish re-employment rights under this Chapter, the court may award reasonable litigation expenses, including, but not limited to, attorney’s fees, upon good cause being shown, which may include the failure, refusal, or inability, of the Attorney General to act as the service member’s attorney pursuant to this Chapter.

SOURCE: GC § 40400; amended by P.L. 21-103:7; subsection (d) further amended by P.L. 21-146:3. Eff. date of last amendment was retroactive to apply to persons called to territorial active duty between Aug. 29. 1992 and Oct. 31, 1992 (Typhoon emergencies).