Military leave - Colorado

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.

Any person who is a duly qualified member of the Colorado National Guard or the reserve forces of the United States who leaves a position (other than a temporary position) in order to receive military training, not to exceed 15 days in any one calendar year; gives evidence of the satisfactory completion of such training; and is still qualified to perform the duties of the position; is entitled to be restored to the previous or a similar position in the same status, pay, and seniority. The period of absence for military training shall be construed as an absence without pay.

Such absence for military training will in no way affect the employee’s right to receive normal vacation, sick leave, bonus, advancement, and other advantages of his or her employment normally to be anticipated in his or her particular position.

A private employee who is a duly qualified member of the Colorado National Guard who leaves or who is absent from employment, regardless of the length of such absence, in order to engage in active service for state purposes, is entitled to the reemployment rights for described above, assuming the same conditions are met; and re tains his or her right to the employee benefits described above.

State

Contacts

None.

Regulations

Co. Rev. Stat., Title 28, Article 3, Part 6 – Public and Private Employees - Duties

www.lexisnexis.com/hottopics/michie/

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