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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.
Employers must grant leave to employees who are members of the organized militia or, effective 9/21/18, are a resident of the state and a member of the National Guard of another state to perform active National Guard service under a law of that state.
When an employee is released from service or discharged from hospitalization that arose from service, the employee is entitled to return to the former position, or a comparable position, at the pay, seniority, and benefit level the employee would have had if the employee had not been absent.
State law also outlines procedures for the employee in reporting to work after service or hospitalization, and for restoring the employee to another vacation position if the person was disabled during service.
State
Contacts
Department of Labor and Workforce Development (for private employers)
Department of Administration (for public employers)
Regulations
Alaska Statutes Title 26 - Military Affairs, Veterans, and Disasters;
Chapter 26.05 - Military Code of Alaska;
Sec. 26.05.075. Reemployment rights of the organized militia.
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