Military leave - Montana

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.

The Montana Military Service Employment Rights Act (MMSERA) provides employment and reemployment protections for those members of the Montana national guard of Montana or any other state or federal reserves, when they are not covered by the federal Uniformed Services Employment and Reemployment Rights Act of 1994, or other applicable federal laws.

MMSERA prohibits an employer from denying employment, reemployment, reinstatement, retention, promotion, or any benefit of employment because of a person’s membership or potential application for membership in the national guard of Montana or any other state. MMSERA entitles a member to an unpaid leave of absence to perform state active duty. MMSERA also enumerates reemployment rights of members to return to employment without loss of specified benefits (seniority, status, pay, pension and health insurance.)

MMSERA gives public employees 240 hours of paid military leave, per year, for those called to military service as part of the national guard of Montana or any other state or federal reserves. The Act also clarifies and updates military leave provisions relating to elected and public officials. These provisions include restoration to office.

State

Contacts

None.

Regulations

Montana Code Ann. Title 10, Chapter 1

http://leg.mt.gov/bills/mca_toc/10_1.htm

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