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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 person who is a member of any reserve component of the armed forces of the United States, or former member discharged or released under conditions other than dishonorable, who, in order to perform duties or receive training with the armed forces of the United States or of the State of Mississippi (including active state duty, state training duty or any other military duty), leaves a position (other than a temporary position), and gives evidence of the satisfactory completion of such duty or training, and who is still qualified to perform the duties of such position, shall be restored to his previous or a similar position, in the same status, pay and seniority. Such period of absence shall be construed as an absence with leave but may be without pay.
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