Military leave - Arizona

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.

When ordered by the governor to perform training or duty, members of the Arizona national guard shall have the protections afforded to persons on federal active duty by SSCRA and USERRA.

A member of the national guard of Arizona or any other state or the U.S. reserves must not, because of membership or absence from employment under competent military orders, be deprived of employment or prevented from obtaining employment, nor shall any person be dissuaded from enlisting in the military forces by threat or infliction of punishment or economic damage.

An employer must allow members of the national guard of Arizona or any other state or the U.S. reserves to take leaves of absence from employment for the purpose of complying with competent orders for active duty, or to attend camps, maneuvers, formations or armory drills. The leaves of absence can not affect vacation rights which employees otherwise have, but an employer need not consider the period of absence as a period of work performed in determining eligibility for vacation and the amount of vacation pay to which the employee is entitled.

A member of the national guard of Arizona or any other state or the U.S. reserves must not lose seniority or precedence while absent under competent military orders. Upon return to employment, the employee must be returned to his previous position, or to a higher position commensurate with his ability and experience as seniority or precedence would ordinarily entitle him.

An officer or employee of the state, or any department or political subdivision, who is a member of the national guard of Arizona or any other state or the U.S. reserves is entitled to leave of absence from duties without loss of time or efficiency rating on all days during which he is engaged in field training. For a period during leave of absence not to exceed 30 days in any two consecutive years, he shall be entitled to his pay. An officer or employee shall not be charged military leave for days on which the individual was not otherwise scheduled for work. For this purpose, “day” means a shift of work.

State

Contacts

None.

Regulations

Arizona Revised Statutes Title 26 - Military Affairs and Emergency Management

§26-167 Employment discrimination against national guard members prohibited; physical or economic duress to deter enlistment prohibited; violation; classification

§26-168 Absence from employment for military duty; vacation and seniority rights; violation; classification

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