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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.
No person shall discriminate against any officer or enlisted man of the military or naval forces of the state or any other state or of the United States because of his membership therein.
No employer shall discharge any person from employment because of being or performing his duty as an officer or enlisted man of the military or naval forces of this state, or any other state or hinder or prevent him from performing any military service, or dissuade any person from enlistment or accepting a commission in the national guard or naval militia by threat of injury in respect to employment.
Leave of absence from employment
An employee who gives advance notice of leave must not be denied a leave of absence for the purpose of being inducted into or entering into active service, active state service, of the state, any other state, or of the United States, for the purpose of determining his or her physical fitness to enter the service, or for performing training duty.
Reemployment
If the employee reports to work or applies within 45 days or, if the service was for more than 180 days, within 90 days, you need to reemploy the employee in the following order of priority:
- If the service was from 1 to 90 days, to the position which the employee would have if continually employed. If the employee is not qualified to perform the job after reasonable efforts on your part to qualify the employee, you must place him or her in the position had on the date he or she left.
- If the service was 91 days or longer, the positions described above or one that is the nearest approximation in status and pay, that the employee is qualified to perform after reasonable efforts on your part to qualify the employee.
A person who is reemployed is entitled to the seniority and other rights and benefits that the person had on the commencement of service plus the additional seniority and rights and benefits that the person would have attained if continually employed.
In addition, a person who is reemployed is entitled to rights and benefits, not determined by seniority, that are generally provided to employees who have similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan.
For state employees, see:
https://roar-assets-auto.rbl.ms/documents/14306/FAQMilitaryLeave_191582_7.pdf
State
Contacts
Michigan Department of Military and Veterans Affairs
Regulations
Mich. Comp. Laws §§ 32.271 to 32.274
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