Federal & State Regulations | Military leave - North Carolina

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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 employer or other person shall discharge any person from employment because of the performance of any emergency military duty by reason of being a member of the military or naval forces of this State or the United States.

All individuals shall be afforded the right to perform, apply to perform, or have an obligation to perform service in the North Carolina National Guard without fear of discrimination or retaliatory action from their employer or prospective employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.

A member of the North Carolina National Guard who performs, has performed, applies to perform, or has an obligation to perform service in the North Carolina National Guard shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.

Any member of the North Carolina National Guard who enters State duty is entitled, upon honorable release from State duty, to all the reemployment rights provided for in state law.

Upon release from State duty, the employee shall make written application for reemployment within five days of his release from duty or from hospitalization continuing after release. If the employee is still qualified, he shall be restored to his previous position or to a position of like seniority, status and salary, unless the employer’s circumstances make the restoration unreasonable. If the employee is no longer qualified for his previous position, he shall be placed in another position for which he is qualified, and which will give appropriate seniority, status and salary, unless the employer’s circumstances make the placement unreasonable.

State law does not require a person to pay salary or wages to a member of the North Carolina National Guard during the member’s period of active service.

State

Contacts

None.

Regulations

National Guard Reemployment Rights

NC General Statute - Chapter 127A, Article 16

Employer discrimination prohibited

NC General Statute - Chapter 127B (§127B-14)

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

['Leave']

['Military Leave']

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