Utah Code 71A-8-105. Reserve member of armed forces — Leave of absence from employment — Liability of employers
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(1) Any member of a reserve component of the armed forces of the United States who, pursuant to military orders, enters active duty, active duty for training, inactive duty training, or state active duty shall, upon request, be granted a leave of absence from employment, but for no more than five years.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 71A-8-105
- Armed forces: means the same as that term is defined in Section Utah Code 71A-1-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) Members of the Utah National Guard or the State Defense Force, when ordered to state military service by the governor, have the same rights and protections as provided by federal law for activation to federal military service for the duration of their state service not to exceed five years.
(3) General officers of the Utah National Guard or the State Defense Force or other officers appointed to a general officer position, when appointed to state employment by the governor or the adjutant general, have the same rights and protections as provided by federal law for activation to federal military service for the duration of their state appointment, even if the state appointment exceeds five years.
(4) Upon satisfactory release from state or federal orders, or from hospitalization incidental to the orders, the member shall be permitted to return to the prior employment and have the same rights and protections as provided by federal law for activation to federal military service as it pertains to seniority, status, pay, and vacation the member would have had as an employee if the member had not been absent for military purposes.
(5) Any employer who willfully deprives an employee who is absent as a member under this chapter of any of the benefits under this chapter or discriminates in hiring for any employment position, public or private, based on membership in any reserve component of the armed forces, is guilty of a class B misdemeanor.