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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.
Employers shall not discriminate against any member of the national guard or organized reserves of the armed forces, or any member of the civil air patrol because of that membership. An employer shall not discharge a person from employment because of being a member of the military forces of the state or of the civil air patrol, or hinder or prevent the person from performing any military service or civil air patrol duty.
A member of the national guard or organized reserves ordered to temporary duty, or a member of the civil air patrol performing duty, is entitled to a leave of absence (other than employment of a temporary nature) during the period of the duty or service, and upon completion the employer shall restore the person to the position held prior to the leave, or employ the person in another position of like seniority, status, and pay.
The person shall give evidence to the employer of satisfactory completion of the duty or service, and that the person is still qualified to perform the duties of the position. The period of absence shall in no way affect the employee’s rights to vacation, sick leave, bonus, or other employment benefits.
State
Contacts
None.
Regulations
Iowa Code §29A.43 Discrimination Prohibited — Leave Of Absence — Continuation Of Health Coverage
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