§ 317. Reemployment in private industry. 1. In the case of any person
who, in order to perform military service, has left or leaves a
position, other than a temporary position, in the employ of any
employer, and who

(a) receives a certificate of completion of military service duly
executed by an officer of the applicable force of the armed forces of
the United States or by an officer of the applicable force of the
organized militia of this state or of any other state as provided for by
law;

(b) is still qualified to perform the duties of such position; and

(c) makes application for reemployment within ninety days after he or
she is relieved from such service, if such position was in the employ of
a private employer, such employer shall restore such person to such
position, or to a position of like seniority, status and pay, unless the
employer's circumstances have so changed as to make it impossible or
unreasonable to do so.

2. The benefits, rights and privileges granted to persons in the
military service by this section shall be extended to and be applicable
to any person who, in order to participate in assemblies for drill or
other equivalent training, reserve duty training, instruction or duties,
or annual full-time training duty, active duty for training or other
annual training pursuant to any law of the United States or section
forty-six of this chapter or the regulations issued thereunder, or in
order to attend service schools conducted by the armed forces of the
United States, temporarily leaves or has left his or her position, other
than a temporary position, in the employ of any employer and who, being
qualified to perform the duties of such position, makes application for
reemployment within ten days after completion of such temporary period
of service.

2-a. The benefits, rights and privileges granted to persons in the
military service by this section shall be extended to and be applicable
to any person who, in order to perform initial full-time training duty
or initial active duty for training with or in an armed force of the
United States under the provisions of this chapter or the laws of the
United States or both, temporarily leaves or has left his or her
position, other than a temporary position, in the employ of any employer
and who, being qualified to perform the duties of such position, makes
application for re-employment within sixty days after completion of such
period of full-time training duty or active duty for training.

3. The benefits, rights and privileges granted to persons in the
military service by this section shall be extended to and be applicable
to any person who is or becomes a member of the organized militia of
this state or of any other state as provided for by law, or of a reserve
component of the armed forces of the United States and who, because of
such membership is discharged by his or her employer or whose employment
is suspended by his or her employer because of such membership and who,
being qualified to perform the duties of such position, makes
application for reemployment or termination of the period of his or her
suspension within ten days after such discharge or suspension. These
benefits, rights and privileges are not applicable to persons
participating in routine reserve officer training corps training except
when performing advanced training duty as a member of a reserve
component of the armed forces.

4. Any person who is restored to a position in accordance with the
provisions of this section shall be considered as having been on
furlough or leave of absence during his or her period of military
service, temporary service under subdivision two or subdivision two-a of
this section, or of discharge or suspension under subdivision three of
this section, shall be so restored without loss of seniority, shall be
entitled to participate in insurance or other benefits offered by the
employer pursuant to established rules and practices relating to
employees on furlough or leave of absence in effect with the employer at
the time such person entered the military service or commenced such
temporary service or was so discharged or suspended, and shall not be
discharged from such position without cause, within one year after such
restoration.

5. In case any private employer fails or refuses to comply with the
provisions of this section, the supreme court of the state within the
county in which such private employer maintains a place of business,
shall have the power, upon the filing of a motion, petition or other
appropriate pleading, by the person entitled to the benefits of such
provisions, to specifically require such employer to comply with such
provisions, and may, as an incident thereto, compensate such person for
any loss of wages or benefits suffered by reason of such employer's
unlawful action. The court shall order a speedy hearing in any such
case, and shall advance it on the calendar. Any person claiming to be
entitled to the benefits of the provisions of this section may appear
and be represented by counsel, or, upon application to the attorney
general of the state, may request that the attorney general appear and
act on his or her behalf. If the attorney general is reasonably
satisfied that the person so applying is entitled to such benefits, he
or she shall appear and act as attorney for such person in the amicable
adjustment of the claim, or in the filing of any motion, petition or
other appropriate pleading and the prosecution thereof. In the hearing
and determination of such applications under this section no fees or
court costs shall be assessed against a person so applying for such
benefits.