Section 13. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Benefit of employment'', shall have the same meaning as defined in 38 U.S.C. section 4303 (2) and shall include a workplace free of conduct that has the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating or offensive work environment.
''Service in the uniformed services'', shall have the same meaning as defined in 38 U.S.C. section 4303 (13) and shall include voluntary or involuntary service in the armed forces of the commonwealth as defined in section 10, including the state defense force or similar organization composed as permitted by law, in the state staff or in the armed forces of another state or territory.
''Uniformed services'', shall have the same meaning as defined in 38 U.S.C. section 4303 (16) and shall include: (i) the armed forces of the commonwealth, including the state defense force or similar organization composed as permitted by law; (ii) the state staff when engaged in duty under this chapter or Title 32 of the United States Code; or (iii) the armed forces of another state or territory when ordered to active duty under appropriate authority.
(b) Members of the armed forces of the commonwealth, including the state defense force or similar organization composed as permitted by law, the state staff or the armed forces of another state or territory who are employed within the commonwealth and ordered to active duty under this chapter, the appropriate authority of another state or territory or Title 32 of the United States Code shall be entitled to all rights, protections, privileges and immunities afforded under the Uniformed Services Employment and Reemployment Rights Act, codified at 38 U.S.C. 4301 et seq.
(c) For the purposes of this section, the adjutant general of the commonwealth shall perform all duties assigned to the secretaries of defense and labor of the United States under 38 U.S.C. 4301 et seq., with assistance from the secretary of labor and workforce development, when so requested by the adjutant general.
(d) For purposes of this section, the attorney general of the commonwealth shall perform all duties assigned to the attorney general of the United States under 38 U.S.C. 4301 et seq.
(e) For the purposes of this section, the secretary of veterans' services of the commonwealth shall perform all duties assigned to the secretary of veterans affairs of the United States under section 38 U.S.C. 4301 et seq.
(f) In the case of an action against a private employer under this section, the action may proceed in the district or superior courts of the commonwealth. In the hearing and determination of applications under this section, courts shall have discretion to assess no fees or court costs against a person so applying for such benefits.
(g) Any service performed pursuant to this chapter, or similar authority of another state or territory, when in support of a critical homeland security or emergency management operation as determined by the adjutant general shall not be included in the calculation of a person's cumulative period of absence from a position of employment.
Structure Massachusetts General Laws
Part I - Administration of the Government
Section 3 - Organized and Unorganized Militia
Section 4 - Organized Militia, Composition
Section 4a - National Lancers; Organization
Section 4b - The 54th Massachusetts Volunteer Regiment; Organization
Section 5 - Powers of Commander-in-Chief; Regulations
Section 6 - Powers of Commander-in-Chief; Increase in Forces
Section 6a - Powers of Commander-in-Chief; Delegation of Authority
Section 7 - Powers of Commander-in-Chief; Name and Location of Units; Rank of Personnel
Section 9 - Powers of Commander-in-Chief; Disposition of Inefficient Units
Section 10 - Armed Forces of Commonwealth; Composition
Section 11 - National Guard; Composition
Section 15 - State Staff; Composition; Qualifications; Tenure
Section 19a - Armory Commission Within Military Division
Section 22 - Eligibility for Appointment Without Professional Examination
Section 23 - Officers; Appointment
Section 25 - Officers; Performance of Duties; Prerequisites
Section 27 - Seniority of Officers; Determination
Section 29 - Discharge of Officers; Grounds
Section 30 - Certificate of Discharge; Form
Section 31 - Discharge of Officers or Noncommissioned Officers for Superannuation; Retirement
Section 32 - Discharge or Retirement for Disability
Section 33 - Retired Officers and Non-Commissioned Officers; Duties; Compensation
Section 34 - Enlisted Personnel; Regulations
Section 35 - Enlisted Personnel; Appointments and Promotions
Section 36 - Dishonorable Discharge
Section 38 - Use of Militia; Escort Duties; Emergencies
Section 39 - Use of Militia Outside the Commonwealth
Section 40 - Use of Militia; Invasion or Insurrection
Section 43 - Written Orders; Conditions; Contents
Section 44 - Unit Called Into Service; Duties of Commander
Section 47 - Excuse From Duty Upon Physician's Certificate of Disability
Section 48 - Expenses of Militia; Source of Funds
Section 51 - Occupation of Land and Buildings; Exceptions; Liability for Damages
Section 52 - Damages to Lands; Compensation
Section 53 - Immunity From Liability for Damages Caused While Performing Military Duty
Section 54 - Additional Forces; Source
Section 55 - Unorganized Militia; Method of Impressing Into Service
Section 56 - Term of Enlistment; Training
Section 60 - Training of Armed Forces
Section 62 - Meetings of Instruction for Officers; Frequency
Section 64 - Exclusion of Traffic From Public Ways and Highways During Target Practice
Section 66 - Obstructing or Interfering With Armed Forces; Penalty
Section 67 - Decorations and Awards; Qualifications
Section 67a - Medal of Liberty
Section 68 - Recognition for Competitions or Outstanding Military Service
Section 81 - Oaths; Administration
Section 83 - Pay and Allowances for Certain Duties
Section 88 - Death or Disability Compensation
Section 88b - Group Life Insurance; Partial Payment of Premium by Commonwealth
Section 88c - State Sponsored Life Insurance
Section 89 - Use of Private Automobiles; Conditions
Section 90 - Board of Compensation; Powers and Duties; Payment of Claims
Section 94 - Persons Temporarily Employed by Armed Forces; Status; Right to Compensation
Section 96 - Authorization; Administration; Bond of Custodian; Distribution on Disbandment of Unit
Section 97 - Allowances for Administration and Maintenance
Section 99 - Unauthorized Use of Uniform; Penalties
Section 101 - Unit Clothing and Equipment; Issuance
Section 102 - Unit Clothing and Equipment; Regulation of Use
Section 103 - Use, Care and Return of Military Property
Section 105 - Loss or Damage to Military Property; Liability; Restitution
Section 107 - Unlawful Purchase or Possession of Military Property; Penalty
Section 108 - Custodians of Military Property; Bond; Duties; Accountability
Section 109 - Use of Schedule Bonds
Section 110 - Premiums on Bonds; Payment
Section 111 - Custodians of Military Property; Powers and Duties
Section 112 - Accounting for Military Property Upon Change of Command or Disbandment
Section 113 - Inspection and Condemnation of Military Property; Reports
Section 114 - Lease of Military Property
Section 116 - Acceptance of Gifts
Section 117 - Establishment; Responsibility of Cities and Towns; Penalty for Noncompliance
Section 119 - Rental Bills; Contents; Filing; Payment
Section 120 - Armories Furnished by State; Effect on Municipal Responsibility
Section 122 - Lease, Rent or Use of Armory for Nonmilitary Purpose
Section 130 - Drills or Parades by Armed Citizens or Foreign Troops; Conditions
Section 131 - Unauthorized Parades by Armed Citizens; Unlawful Maintenance of Armories; Penalties
Section 132 - Ancient and Honorable Artillery Company; Rights Preserved
Section 133 - Civil Officers; Penalties for Violation of Chapter
Section 134 - Corps of Cadets; Rights Preserved
Section 135 - National Guard; Representation at Conventions
Section 137 - National Guard Education Assistance Program
Section 138 - Joint Base Cape Cod Fire Department
Section 139 - Protection of Assets Classified as Vital to National Security