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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.
Kansas law requires reinstatement that is similar to the federal requirements under USERRA. Employers can not discharge an employee who is absent for military service, and must grant a leave of absence for service. Upon returning, the employee must be given the same position or a similar position. Any person who is called or ordered to active duty by the state shall be reinstated in or restored to the position of employment previously held.
Employees are entitled to employment reinstatement protections if they are called or ordered to state active duty by Kansas or any other state, whether they are a member of the Kansas Army National Guard, the Kansas Air National Guard, or other military force of Kansas or any other state. To receive these employment protections, employees must comply with other requirements in continuing law, including provision of adequate notice to the employer and release from state active duty under honorable conditions.
If the person is not qualified to perform the duties of the same position by reason of disability sustained during duty but is qualified to perform another position, the employer shall employ the person in such position that will provide like seniority, status and pay or the nearest approximation.
Any such person shall be restored without loss of seniority, shall be entitled to participate in any benefits offered by the employer pursuant to established rules and practices relating to employees on leave of absence, and shall not be discharged from the position without cause within one year after restoration.
An employer is not required to reemploy a person if:
(A) The circumstances of the employer have so changed as to make reemployment impossible or unreasonable;
(B) reemployment would impose an undue hardship on the employer; or
(C) the position from which the person took leave was for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period.
State
Contacts
None.
Regulations
Kansas Statutes Chapter 48, Article 2 §48-222, Annual muster and camp of instruction; duty to attend; unlawful acts by employer, penalty
Kansas Statutes Chapter 48, Article 5 §48-517, Reemployment of persons called to duty, when required
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