Florida Statutes
Part I - Military Code (Ss. 250.01-250.5206)
250.482 - Troops ordered into state active service; not to be penalized by employers and postsecondary institutions.


(1) If a member of the National Guard is ordered into state active duty pursuant to this chapter or into active duty as defined by the law of any other state, a private or public employer, or an employing or appointing authority of this state, its counties, school districts, municipalities, political subdivisions, career centers, community colleges, or universities, may not discharge, reprimand, or in any other way penalize such member because of his or her absence by reason of state active duty.

(2)(a) Upon the completion of state active duty, a member of the National Guard shall promptly notify the employer of his or her intent to return to work.
(b) An employer is not required to allow a member of the National Guard to return to work under this section if:
1. The employer’s circumstances have so changed as to make employment impossible or unreasonable;
2. Employment would impose an undue hardship on the employer;
3. The employment from which the member of the National Guard leaves to serve in state active duty is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period; or
4. The employer had legally sufficient cause to terminate the member of the National Guard at the time he or she left for state active duty.
The employer has the burden of proving the impossibility or unreasonableness, undue hardship, the brief or nonrecurrent nature of the employment without a reasonable expectation of continuing indefinitely or for a significant period, or the legally sufficient cause to terminate the person at the time he or she left for state active duty.

(c) A member of the National Guard who returns to work after serving on state active duty is entitled to:
1. The seniority that the member had at his or her place of employment on the date of the commencement of his or her state active duty and any other rights and benefits that inure to the member as a result of such seniority; and
2. Any additional seniority that the member would have attained at his or her place of employment if he or she had remained continuously employed and the rights and benefits that inure to the member as a result of such seniority.

(d) A member of the National Guard who returns to work after serving on state active duty may not be discharged from such employment for a period of 1 year after the date the member returns to work, except for cause.
(e) An employer may not require any National Guard member returning to employment following a period of state active duty service to use vacation, annual, compensatory, or similar leave for the period during which the member was ordered into state active duty. However, any such returning member shall, upon his or her request, be permitted to use, for the period during which the member was ordered into state active duty, any vacation, annual, compensatory, or similar leave with pay accrued by the member prior to the commencement of his or her state active duty service.

(3) If the Adjutant General certifies that there is probable cause to believe there has been a violation of this section, an employee ordered into state active duty so injured by a violation of this section may bring civil action against an employer violating this section in a court of competent jurisdiction of the county in which the alleged violator resides or has his or her principal place of business, or in the county wherein the alleged violation occurred. Upon adverse adjudication, the defendant is liable for actual damages or $500, whichever is greater. The prevailing party in any litigation proceedings is entitled to recover reasonable attorney’s fees and court costs.
(4) The certification of probable cause may not be issued until the Adjutant General, or his or her designee, has investigated the issues. All employers and other personnel involved with the issues of such investigation must cooperate with the Adjutant General in the investigation.
History.—s. 1, ch. 80-227; s. 164, ch. 81-259; s. 1, ch. 88-330; s. 116, ch. 95-148; s. 1, ch. 96-340; s. 31, ch. 97-96; s. 46, ch. 2003-68; s. 21, ch. 2004-357; s. 2, ch. 2009-122; s. 6, ch. 2016-216.

Structure Florida Statutes

Florida Statutes

Title XVII - Military Affairs and Related Matters

Chapter 250 - Military Affairs

Part I - Military Code (Ss. 250.01-250.5206)

250.01 - Definitions.

250.02 - Militia.

250.03 - Military law of the state.

250.04 - Naval militia; marine corps.

250.05 - Department of Military Affairs.

250.06 - Commander in chief.

250.07 - Florida National Guard; composition; departmental organization.

250.08 - Florida National Guard organized.

250.09 - Appropriations, property, and equipment.

250.10 - Appointment and duties of the Adjutant General.

250.115 - Department of Military Affairs direct-support organization.

250.116 - Soldiers and Airmen Assistance Program.

250.12 - Appointment of commissioned and warrant officers.

250.16 - Authority to incur charge against state.

250.175 - Trust funds; authorization; name; purpose.

250.18 - Commissioned officers and warrant officers; clothing and uniform allowance.

250.19 - Expenses for travel on military business.

250.20 - Armory operations; allowances.

250.22 - Retirement.

250.23 - Pay for state active duty.

250.24 - Pay and expenses; appropriation; procedures.

250.25 - Governor and Chief Financial Officer authorized to borrow money.

250.26 - Transfer of funds.

250.28 - Military support to civil authorities.

250.29 - Duty of officer receiving order to provide emergency aid to civil authority; penalty for failure to comply.

250.30 - Orders of civil authorities; tactical direction of troops; efforts to disperse before attack.

250.31 - Liability of members of the organized militia; defense of actions or proceedings.

250.32 - Commanding officer’s control of arms sales.

250.33 - Powers of commanding officer on state active duty.

250.34 - Injury or death on state active duty.

250.341 - Cancellation of health insurance.

250.35 - Military justice.

250.351 - Courts-martial; jurisdiction.

250.36 - Mandates and process.

250.37 - Expenses of courts-martial.

250.375 - Medical officer authorization.

250.38 - Liability.

250.39 - Penalty for contempt.

250.40 - Armory Board; creation; membership, terms, and compensation; duties and responsibilities.

250.43 - Wearing of uniform and insignia of rank; penalty.

250.44 - Military equipment regulations; penalties.

250.45 - Military uniform discriminated against; penalty.

250.46 - Salaried employees not entitled to additional pay.

250.47 - Governor’s permission for unit to leave state.

250.48 - Leaves of absence.

250.481 - Reserve components; employment discrimination prohibited.

250.4815 - Professional license of servicemember not to expire while member on federal active duty.

250.482 - Troops ordered into state active service; not to be penalized by employers and postsecondary institutions.

250.483 - Active duty; licensure or qualification.

250.49 - Annual encampment.

250.51 - Insult to troops; penalty.

250.52 - Unlawful to persuade citizens not to enlist; penalty.

250.5201 - Stay of proceedings where troops called out into state active duty or active duty.

250.5202 - Actions for rent or possession by landlord during state active duty.

250.5204 - Installment contracts for purchase of property; penalty.

250.5205 - Mortgages, trust deeds, etc.; penalty.

250.5206 - Family Readiness Program.