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Summary of differences between federal and state regulations
The Uniformed Services Employment and Reemployment Rights Act (USERRA) does not provide protection to members of the National Guard serving the states, nor do such members receive the protections of the Soldiers' and Sailors' Civil Relief Act (SSCRA) (which was re-written in 2003 as the Servicemembers Civil Relief Act) when in state (rather than federal) service. The state protections listed below are in addition to protections under federal laws.
No private person, corporation, partnership or unit or official of state, county or local government shall deprive members of the national guard of their employment, or deny them employment, or discriminate against them with respect to the terms and conditions of employment, or prevent their being employed by another, or obstruct or annoy them or their employer in respect of their trade, business or employment because of their connection with the national guard, or because of their absence from business in performance of their duty. No person shall dissuade any persons from enlisting in the national guard by threat of injury in respect of their employment, trade or business.
New Hampshire law grants the benefits, rights, and protections in employment available for individuals called to active duty by the federal government to those called to active duty by the state. Members of the national guard or state guard, when called to active service, state or federal, shall receive the same benefits, privileges, and protections in employment regardless of the activation authority or location of service.
Any person called by the governor to active duty as a member of the national guard or as a member of the militia shall be afforded such employment and reemployment rights, privileges, benefits, and protections in employment as provided in the Uniformed Services Employment and Reemployment Rights Act (USERRA); and shall not be denied hiring, retention in employment, promotion, or other incidents or advantages of employment because of any obligation as a member of the national guard or the militia.
Protections for spouses of military members
Effective January 1, 2026, employers must not discharge, refuse to hire, or take any adverse employment action against an employee based on the involuntary mobilization of that employee’s spouse. For the same duration of time the employee’s spouse would have reemployment rights under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) employers must reemploy the employee in the position they held, or in a position of like seniority, status, and pay for which they are qualified.
Any leave of absence of an employee due to the involuntary mobilization of their spouse is unpaid, and no benefits or accrual of benefits need to be provided during this leave unless employers choose to do so.
Employees must notify their employers of their spouse's involuntary mobilization within 30 days of their spouse receiving official notice of such mobilization. Employers must provide the employees with written acknowledgment of the deployment notice, explicitly confirming adherence to the notice requirement.
Upon the spouse's completion of mobilization, the employee is required to report to or submit a timely application for reemployment.
Employers may choose not to reemploy the employee if it certifies that its circumstances have so changed as to make reemployment impossible or unreasonable.
State
Contacts
None.
Regulations
New Hampshire Revised Statutes Title VIII, Chapter 110-B, §110-B:65, Discrimination Forbidden.
New Hampshire Revised Statutes Title VIII, Chapter 110-C, §110-C:1, Employment Protection for Members of the National Guard, State Guard, or Militia.
New Hampshire Revised Statutes Title VIII, Chapter §110-C:1-a Employment Protection for Spouses During Involuntary Military Mobilization of Service Members
Federal
Contacts
DOL’s Veterans’ Employment and Training Service (VETS)
Veterans’ Employment and Training Service (VETS)
200 Constitution Avenue, NW
Room S-1325
Washington, D.C. 20210
Phone: 1-866-4-USA-DOL (1-866-487-2365) or 202-693-4770
Website: www.dol.gov/vets/
Regulations
5 CFR Part 353 Restoration to Duty from Uniformed Service or Compensable Injury
20 CFR Part 1002 Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994