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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 shall be unlawful for an employer to discharge any person because of membership in the military or naval forces of the United States, of this state, or any other state, or to hinder or prevent any person from performing any military service, or to dissuade any person from enlistment in the military service by threat or injury in respect to that person’s employment, trade or business.
Unless the leave would unduly disrupt the operations of the employer, an employer shall grant a leave of absence without pay to an employee for time spent rendering service as a member of the civil air patrol.
Leave for family members
An employer must grant up to 10 working days of a leave of absence without pay to an employee whose immediate family member, as a member of the United States armed forces, has been injured or killed while engaged in active service. “Immediate family member” means a parent, child, grandparents, siblings, or spouse.
An employee must give as much notice to the employer as practicable of intent to exercise such leave. The length of leave provided may be reduced by any period of paid leave provided by the employer.
Leave for military ceremonies
Unless the leave would unduly disrupt operations, an employer shall grant a leave of absence without pay to an employee whose immediate family member, as a member of the United States armed forces, has been ordered into active service in support of a war or other national emergency. The employer may limit the amount of leave to the actual time necessary for the employee to attend a send-off or homecoming ceremony for the mobilized service member, not to exceed one day’s duration in any calendar year.
“Immediate family member” means a grandparent, parent, legal guardian, sibling, child, grandchild, spouse, fiancé, or fiancee.
State
Contacts
None.
Regulations
Minn. Stat. Ann. § 192.34, Discrimination With Respect To Employment
Minn. Stat. Ann. § 181.946, Leave For Civil Air Patrol Service.
Minn. Stat. Ann. § 181.947 Leave For Immediate Family Members Of Military Personnel Injured Or Killed In Active Service.
Minn. Stat. Ann. § 181.948 Leave To Attend Military Ceremonies
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