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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.
It is unlawful for any public or private employer to penalize any member of the National Guard or the Reserves of the United States Armed Forces, with regard to compensation, hiring, tenure, terms, conditions, or privileges of employment or to deny any other incident or advantage of employment due to the employee’s membership or participation in the National Guard or the Reserves of the United States Armed Forces.
All officials and employees of the State who are members of the National Guard or the Reserves must have a leave of absence not to exceed 17 work days each calendar year from their respective duties, without loss of pay or time, when performing military duty and without loss of time or leave for all other military duty, during which the members are so engaged.
Family military leave
“Family military leave” means leave requested by an employee who is the spouse, domestic partner or parent of a person who is a resident of the State and is deployed for military service for a period lasting longer than 180 days with the State or United States pursuant to the orders of the Governor or the President of the United States.
An employer that employs 50 or more employees shall provide each eligible employee up to 15 days of family military leave per deployment, if requested by the employee. Family military leave may be taken only during the 15 days immediately prior to deployment or the 15 days immediately following the period of deployment, or both. Family military leave may consist of unpaid leave.
“Employee” means any person who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment and who has been employed by the same employer for at least 12 months and has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the employee’s family military leave. “Employee” includes an independent contractor.
An employee taking family military leave must give at least 14 days’ notice of the intended date upon which the family military leave will commence if leave will consist of 5 or more consecutive work days.
An employee taking family military leave for fewer than 5 consecutive work days must give the employer advance notice as is practicable.
The employee shall consult with the employer to attempt to schedule the leave so as to not unduly disrupt the operations of the employer.
An employer may require certification from the proper military authority to verify an employee’s eligibility for the family military leave.
An employee who exercises the right to family military leave is entitled, upon expiration of the leave, to be restored to the position held when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. This does not apply if the employer proves that the employee was not restored because of conditions unrelated to the employee’s exercise of these leave rights.
An employer shall make it possible for an employee to continue employee benefits at the employee’s expense during any family military leave. The employer and employee may negotiate for the employer to maintain employee benefits at the employer’s expense for the duration of the leave.
State
Contacts
None.
Regulations
Leave for service members
Me. Rev. Stat. Title 37-B, Chapter 3, §342, Prohibited acts; penalties
http://www.mainelegislature.org/legis/statutes/37-B/title37-Bsec342.html
Leave for family members
Me. Rev. Stat. Title 26, Chapter 7, Subchapter 5, §814. Family military leave
http://www.mainelegislature.org/legis/statutes/26/title26sec814.html
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