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Summary of differences between federal and state regulations
The federal 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 federal USERRA applies to members of the national guard of New Mexico or any other state or territory of the U.S. ordered to federal or state active duty.
Employees are to provide advance notice of the need for military leave, unless providing such notice is precluded by military necessity or is otherwise impossible or unreasonable. Employees who serve in the armed forces of the U.S. or the Reserves or National Guard of New Mexico or any other state or territory of the U.S. are entitled to take leave to perform such service, provided the cumulative leave is less than five years.
If the employee is still qualified to perform the duties of his or her position, and makes application for reemployment within 90 days after being relieved from such training and service or from hospitalization and convalescence continuing after discharge for a period of not more than two years, he or she must be restored to the position or to a position of like seniority, status and pay unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so.
State
Contacts
None.
Regulations
New Mexico Statutes, Chapter 20, Article 4, §20-4-7.1, Servicemembers Civil Relief Act Benefits — Uniformed Services Employment and Reemployment Rights Act — Federal or State Active Duty
New Mexico Statutes, Chapter 28, Article 15, Reemployment of Persons in Armed Forces
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