Commissioner of labor; restoration to position or employment
Sec. 2.5. (a) Any individual appointed commissioner of labor
who:
(1) in order to perform the duties of office has left or leaves a
position or employment, other than a temporary position or
employment, in the employ of any employer;
(2) is still qualified to perform the duties of employment; and
(3) makes application for reemployment within ten (10) days
after the expiration of the term of office or after removal from
office;
shall be restored by the employer to the position or employment at
not less than the same pay or to a similar position or employment and
pay unless the employer's circumstances have so changed as to make
it impossible or unreasonable to do so. When the commissioner is
restored to employment, it shall be done without discrimination, nor
shall the commissioner be caused to suffer inconvenience or any
other adverse action by the employer, as a result of any action taken
while serving as commissioner.
(b) Any individual who is restored to a position or employment
under this chapter shall be considered as having been on leave of
absence during the period of service as commissioner of labor and is
entitled to participate in insurance or other benefits offered by the
employer pursuant to established rules and practices relating to
employees on leave of absence in effect with the employer.
(c) Any individual who is a member of a labor organization who
is appointed commissioner of labor shall be considered for all
purposes as being on leave of absence during the period of service as
commissioner of labor.
(d) In case any employer or labor organization fails or refuses to
comply with this chapter, the judge of the circuit court of the circuit
in which the employer maintains a place of business shall have
power, upon the filing of an appropriate pleading by the individual
entitled to the benefits of this chapter, to specifically require the
employer or labor organization to comply with this chapter, and, as
an incident thereto to compensate the individual for any loss of
wages or benefits suffered by reason of the employer's or labor
organization's unlawful action.
As added by P.L.37-1985, SEC.18.
Last modified: May 27, 2006