...
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.
Under the North Dakota military law, an employee who is a volunteer member of the army national guard or air national guard of North Dakota or any state, or a member of the civil air patrol, may take up to 20 regular working days of unpaid leave (or be late for 20 or more working days) in a calendar year to serve as an emergency responder.
Employees who are involuntarily activated are not subject to this 20-day limit. Employers may not take a negative employment action against an employee for serving in this capacity.
Employees must make reasonable efforts to notify the employer of the service, and employers may request that employees provide written verification of times and dates during which the employee was absent to serve.
Leave may be denied if the employee’s work duties are so critical that they cannot be performed by another employee, and the absence will create the potential for irreparable harm to or permanent closure of a private employer.
Employees who is subject to a violation may bring a civil action.
State
Contacts
None.
Regulations
North Dakota Century Code, Title 37, Military; §37-29, Volunteer Emergency Responder Job Protection
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