(a) Every member of the Military Forces of Puerto Rico who fails to report for duty to his Commanding Officer on the date and time prescribed by the Commander-in-Chief to report for duty in the Commonwealth Active Military Service or for duty other than the Commonwealth Active Military Service and all persons subject to the provisions of §§ 2054 and 2055 of this title, who having been duly summoned by a drafting officer, fail to appear as aforesaid, without a valid cause to justify their nonappearance in the cases set forth above, shall be deemed as absent without authorization or as deserters from duty, as the case may be, and shall be dealt with as prescribed in §§ 2301—2788 of this title relative to Military Justice.
(b) Any employer who prevents, obstructs or does not allow a member of the Military Forces of Puerto Rico to be absent from his respective office or employment in order to report to military duty as part of his military training or in compliance with a call to Commonwealth Active Military Service, or who dismisses or in any other way discriminates against an employee by reason of his absences in the performance of any military duty as above mentioned or by reason of being a member of the Military Forces of Puerto Rico shall be guilty of a felony and upon conviction shall be punished by a fine not to exceed five thousand dollars ($5,000) or by imprisonment for not more than three (3) years, or both penalties, in the discretion of the court.
(c) Any employer who in violation of the provisions of subsection (b) of this section dismiss[es] or discriminates against one of his employees shall be bound to reinstate said employee in his employment or office without any loss of pay whatsoever, retroactive to the date of dismissal, and/or to reinstate him in all his rights, privileges and/or benefits, all retroactive to the date of dismissal or discrimination, as the case may be.
The right of an employee so dismissed or discriminated against to demand from his employer fulfillment of the obligation imposed by this subsection shall last six (6) months reckoning from the date of the dismissal or discrimination.
History
—June 23, 1969, No. 62, p. 117, § 233; May 19, 1976, No. 44, p. 117, § 8.