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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.
An employee must be granted a leave of absence by his employer for the period required to perform active duty or training in the National Guard of KY or any other state. Upon the employee’s release from a period of active duty or training, the employee must be permitted to return to his or her former position with the seniority, status, pay, or any other rights or benefits he or she would have had if he or she had not been absent. No employer must be required to grant an employee a leave of absence with pay.
Contacts
None.
Regulations
Kentucky Revised Statute Chapter 38, §38.238, Employer required to grant employee leave to serve in National Guard
https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37194
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