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Summary of difference 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.
No person who is a member of a reserve component of the Armed Forces or who is a member of the Louisiana National Guard shall be denied employment, retention in employment or any promotion or other advantage of employment because of any obligation as a member of such reserve component or the Louisiana National Guard.
Any person called or ordered to active duty in the service of the national guard, the state militia or any other military force and who has performed satisfactorily, shall, upon release and return from such military duty or recovery from disease or injury, be reinstated in or restored to the same or comparable position of employment (except a temporary position).
The employer shall reinstate or restore such person in the same or comparable position at no less compensation or to a position of like seniority, status, benefits, and pay.
If such person is not qualified or capable of performing the essential functions and duties of the same position by reason of disability sustained during duty, but is otherwise qualified to perform another position, the employer shall employ such person in that other or comparable position that will provide like seniority, status, benefits, and pay.
Such person shall be restored without loss of seniority, shall be entitled to participate in any benefits offered by the employer, and shall not be discharged without cause within one year after restoration.
Such person shall be restored in such manner as to give him such status as he would have enjoyed if he had continued in such employment continuously during leave.
The employee must give notice of intent to return to employment according to state law.
The reinstatement provisions shall apply if the cumulative period of service does not exceed five years, with certain exceptions.
An employer is not required to reemploy a person if:
- The employer’s circumstances have so changed as to make such reemployment impossible or unreasonable.
- Such employment would impose an undue hardship on the employer.
- The position from which the person took leave is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period.
State
Contact
None.
Regulations
RS 29:38, Reemployment of persons called to duty in state military forces and national guard of other states
www.legis.state.la.us/lss/lss.asp?doc=85567
RS 29:38.1, Prohibition against discrimination in employment of members of Armed Forces Reserve or National Guard
www.legis.state.la.us/lss/lss.asp?doc=85568
RS 29:410, Right of reinstatement to former employment
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