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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.
Every employee of a private employer who is a member of the national guard shall be entitled to absent oneself from employment duties while engaged in the performance of ordered national guard service and while going to and returning from such service. Such person shall:
(1) If still qualified to perform the employment duties, be restored to such position or to a position of like seniority, status, and pay; or
(2) If not qualified to perform the duties by reason of disability sustained during service, but qualified to perform the duties of any other position, be offered employment and, if such person so requests, be employed in such other position as will provide like seniority, status, and pay, or the nearest approximation consistent with the circumstances, unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so.
The person shall be restored or reemployed without loss of seniority; shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect at the time the person was ordered to national guard service; and shall not be discharged from employment position without cause within one year after restoration or reemployment.
The person should be restored or reemployed in such manner as to give such status as the person would have enjoyed if the person had continued in such employment continuously.
Any person shall not be denied retention in employment or any promotion or other incident or advantage of employment because of any obligation as a member of the national guard.
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