PUBLIC OFFICERS OR EMPLOYEES, OR PERSONS IN PRIVATE EMPLOYMENT ENTERING ARMED FORCES OF UNITED STATES; MILITARY LEAVE

RSA tit. VIII, ch. 112

in effect

RSA 112:1 Definitions.

112:1. Definitions. For the purposes of this chapter: I. "Armed forces of the United States" shall include active service in any branch of the armed forces of the United States. II. "Reserve forces" shall include organized reserves of any branch of the armed forces of the United States. III. "Emergency" shall be defined as any period of war or armed conflict. Source. 1951, 185:1. RSA 112:1. 1981, 327:10, eff. Aug. 16, 1981.

RSA 112:2 Acting Heads of Departments.

112:2. Acting Heads of Departments. In case the head of any state department or institution, or a member of any state agency, board or commission, except a per diem or uncompensated member, has entered or is ordered into or enlists in the armed forces of the United States in connection with the strengthening of the national defense in an emergency, the governor, with the approval of the council, may appoint an acting head or member who shall have all the powers, perform all the duties and assume all the responsibilities of the person for whom he is acting, except that the supreme court may appoint any such acting members of the board of tax and land appeals. Source. 1951, 185:2. RSA 112:2. 1973, 544:15. 1981, 327:11. 1983, 276:7, eff. Aug. 17, 1983.

RSA 112:3 Other Officials and Employees.

112:3. Other Officials and Employees. In case any other official or permanent classified state employee has entered or is ordered into or enlists in the armed forces of the United States in such emergency, the appointing or employing authority of such official or employee under the present law may appoint or employ an acting official or employee who shall have all the powers, perform all the duties and assume all the responsibilities of such official or employee for whom he is acting. Source. 1951, 185:3, eff. July 19, 1951.

RSA 112:4 Termination of Powers.

112:4. Termination of Powers. The power, duties and compensation of any department head, of any member of a state agency, board or commission, or of any other state official or employee shall temporarily cease upon such entry in the armed forces of the United States, and the appointment, under authority hereof, of any acting member of any state agency, board or commission shall in no manner be deemed to be an enlargement of the legally prescribed membership of such agency, board or commission. Source. 1951, 185:4, eff. July 19, 1951.

RSA 112:5 Term of Office.

112:5. Term of Office. The term of office of any person appointed under authority hereof shall end upon the day prior to that on which the person for whom the temporary officer or employee of the state has been acting resumes his former position, or the equivalent thereof as provided elsewhere in this chapter. If any such person, temporarily absent from his state employment as a member of the armed forces of the United States, becomes physically disabled while in such military service to a degree which, in the judgment of the governor and council, disqualifies him from the performance of his former state duties, or if such person shall die while in the armed forces of the United States, the person who is acting in his absence shall hold office until the vacancy has by law been filled (if it is a position which comes within the meaning of RSA 112:2) or, in the cases of other officials and employees provided for in RSA 112:3, shall continue to have all the powers, perform all the duties and assume all the responsibilities of the position he has temporarily been occupying. Source. 1951, 185:5, eff. July 19, 1951.

RSA 112:6 Compensation.

112:6. Compensation. The compensation of any person appointed, under the authority hereof, shall be determined by the same statutory authority or law as the compensation of the person for whom such person is acting. Source. 1951, 185:6, eff. July 19, 1951.

RSA 112:7 Term Held in Abeyance.

112:7. Term Held in Abeyance. The term of office of any employee other than those elected by the general court entering the armed forces of the United States for which a temporary appointment is authorized under this chapter shall be held in abeyance during the continuance of such service. The remainder of said term shall not begin to run until 60 days after the person is discharged or has a right to discharge from the armed forces of the United States. If the unexpired term is not applied for as provided in RSA 112:8, the unexpired term shall be completed by the person appointed under RSA 112:2. Source. 1951, 185:7, eff. July 19, 1951.

RSA 112:8 Reinstatement of Employees.

112:8. Reinstatement of Employees. 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 RSA 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. Source. 1951, 185:8, eff. July 19, 1951.

RSA 112:9 State Employees.

112:9. State Employees. I. Any regular employee of the state of New Hampshire who is a member of any reserve component of the armed forces of the United States or of this state shall, upon request, be entitled to not more than 15 days leave of absence with pay in any one training year for the purpose of engaging in military drill, training, or other temporary duty under military or naval authority. The provisions of this section shall not apply to any such employee who has been inducted or has enlisted in active service in the armed forces of the United States. II. Any regular employee of the state of New Hampshire who uses 15 days leave of absence under paragraph I shall, in addition, be entitled to up to 30 days of partial pay, as defined in RSA 110-B:37, IV(a), for any additional military drill or training under military or naval authority. Source. 1947, 109:1. 1951, 121:1, par. 21. RSA 112:9. 1967, 168:1. 1983, 276:8, eff. Aug. 17, 1983. 2014, 118:1, eff. Aug. 15, 2014.

RSA 112:10 Employees of Political Subdivisions.

112:10. Employees of Political Subdivisions. All political subdivisions of the state are hereby empowered and authorized to grant an annual military leave, with or without pay or with partial pay, to employees of such political subdivisions, in conformity with the provisions of RSA 112:9. Source. 1951, 121:2, eff. May 24, 1951.

RSA 112:11 Leave of Absence for Public Employees or Officers Who Are Not Accepted for Military Duty.

112:11. Leave of Absence for Public Employees or Officers Who Are Not Accepted for Military Duty. Any employee or official shall be granted a leave of absence for the purpose of receiving an armed forces pre-induction physical examination upon order issued by the selective service system or otherwise entering upon active federal military service. If not accepted for such service, the employee or official shall promptly be reinstated in his position without loss of seniority or status, or reduction in his rate of pay and without prejudice. During such period the employee or official shall for all purposes be considered to have rendered services find to have been compensated therefor at his regular rate of pay. Source. 1951, 185:9, eff. July 19, 1951.

RSA 112:12 Persons in Private Employment.

112:12. Persons in Private Employment. The adjutant general of the state of New Hampshire is hereby authorized and directed to encourage private employers, in the interests of national defense and the military security of this state, to grant military leave privileges to their employees comparable to the military leave privileges established and authorized for public employees by the provisions of RSA 112:9 and 10. Source. 1951, 121:2 par. 22, eff. May 24, 1951.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-VIII-112.htmFetched: 10/20/2026