Military leave - Maryland

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.

Maryland adopted the following provisions of federal law as State law and applies them to members of the National Guard and Maryland Defense Force:

(1) the Servicemembers Civil Relief Act applies only when members of the National Guard or Maryland Defense Force are ordered to military duty for a period of 14 consecutive days or longer; and

(2) USERRA applies when members of the National Guard or Maryland Defense Force are ordered to military duty, [ the following effective 10/1/16] whether or not the member is a resident of or employed in Maryland.

USERRA applies to Maryland residents who are member of the National Guard in another state or D.C. [effective 10/1/16]

State

Contacts

None.

Regulations

Maryland Code Ann., Public Safety, Title 13, Subtitle 7, §13-705

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