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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.
Any member of an organized unit of the ready reserve of the armed forces, who, in order to receive military training not exceeding 17 days in any one calendar year, leaves a position (other than a temporary position), and who gives notice of the date of departure and date of return, shall be restored to his previous, or a similar, position with the same status, pay and seniority. This absence shall be construed as an absence with leave and, within the discretion of the employer, may be with or without pay.
Such absence for military training shall not affect the employee’s right to receive normal vacation, sick leave, bonus, advancement and other advantages of employment.
Participation in Veterans or Memorial Day exercise
Any employee who is a veteran or is a member of a department of war veterans and who desires to participate in a Veterans Day or Memorial Day exercise, parade or service shall be granted a leave of absence, with or without pay at the discretion of an employer, of sufficient time to participate in such services in their community of residence.
This leave shall not apply to employees whose services are essential and critical to the public health or safety and determined to be essential to the safety and security of each such employer or property thereof.
State
Contacts
None.
Regulations
Massachusetts General Laws Title XXI, chapter 149
§52A. Ready reserve; absence from work for military training; non-compliance
www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section52A
§52A1/2. Veterans; participation in Veterans or Memorial Day exercise; leave of absence granted; exceptions
www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section52A1~2
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