Federal & State Regulations | Military leave - Idaho | J. J. Keller® Compliance Network

State Info

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 duly qualified member of the national guard or of the reserve components of the armed forces, who in order to receive military training, not to exceed 15 days in any one calendar year, leaves a position (other than employment of a temporary nature), and who gives evidence defining date of departure and date of return for purposes of military training 90 days prior to the date of departure and who gives evidence of the satisfactory completion of such training immediately thereafter, and who is still qualified to perform the duties of such position, shall be entitled to be restored to his previous or similar position with the same status, pay and seniority. Seniority shall continue to accrue during the absence. Said leave may be with or without pay.

An absence for military training shall not affect the employee’s right to receive normal vacation, sick leave, bonus, advancement, and other advantages of his employment normally to be anticipated in his particular position.

All officers and employees of the state of Idaho shall also be entitled to their existing medical benefits for the first 30 days of a deployment, and such entitlement shall not decrease any existing accrued leave balances.

Any member of the Idaho national guard who is ordered to duty by the governor, or any Idaho employee who is a member of the national guard of another state and who is called into service by the governor of that state, shall be entitled to reemployment as set forth in section 46-409, Idaho Code (which makes reference to SSCRA and USERRA).

If the member is still qualified to perform the duties of the position held, he shall be restored to that position or one of like seniority, status and pay. If the member is not qualified to perform the duties by reason of disability sustained during the period of duty, but is qualified to perform the duties of any other positions, the employer must offer that position which is most similar in seniority, status and pay.

Any person who is reemployed shall not be discharged without cause within one year after reemployment.

State

Contacts

None.

Regulations

Idaho Statutes Title 46, Chapter 2, §46-224, Entitled To Restoration Of Position After Leave Of Absence For Military Training

Idaho Statutes Title 46, Chapter 2, §46-225, Vacation, Sick Leave, Bonus, Health Insurance And Advancement Unaffected By Leave Of Absence

Idaho Statutes Title 46, Chapter 4, §46-407, Reemployment Rights

Idaho Statutes Title 46, Chapter 4, §46-409, The Militia Civil Relief Act

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

['Leave']

['Military Leave']

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