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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.
Under federal and Georgia law, an employee who leaves a position to perform state or federal military service must generally be restored to his or her previous position or a like position.
Private industry
In the case of any person who has left or leaves a position, other than a temporary position, in order to perform military service and who: (1) Received a certificate of completion of military service; (2) Is still qualified to perform the duties of the position; and (3) applies for reemployment within 90 days after he or she is relieved from such service; Then the employer must restore the person to the position or to a position of like seniority, status, and pay unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so.
The benefits, rights, and privileges granted to persons in the military service also apply (under certain circumstances) to any person who:
- temporarily leaves a position in order to participate in assemblies or annual training or in order to attend service schools for a period up to and including six months;
- is or becomes a member of the organized militia or of a reserve component of the armed forces of the United States;
- is a member of the Georgia National Guard and who is called into active state service.
Any person who is restored to a position shall be restored without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer, and shall not be discharged from the position without cause within one year after the restoration.
Public employees
Every public officer or employee shall be entitled to absent himself or herself and shall be deemed to have a leave of absence while engaged in the performance of ordered military duty and while going to and returning from such duty. “Public officer or employee” means every person who receives any pay, salary, or compensation from the state, a county, municipal corporation, or any other political subdivision or who is in any department of the state, but shall not include persons employed on a temporary basis.
State
Contacts
None.
Regulations
Georgia Code Title 38, Chapter 2, Article 3, Part 4, §38-2-279 Rights of public officers and employees absent on military duty as members of organized militia or reserve forces
Georgia Code Title 38, Chapter 2, Article 3, Part 4, §38-2-280 Reemployment in private industry; various types of absences; injunction to compel; Attorney General’s aid
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