Military leave - South Carolina

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 member of the South Carolina National Guard who enters state duty is entitled, upon honorable release from such 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 now make the restoration unreasonable. If the employee is no longer qualified for his previous employment, he shall be placed in another position for which he is qualified, and which will give him appropriate seniority, status and salary, unless the employer's circumstances now make the placement unreasonable.

The provisions providing reemployment rights to members of the South Carolina National Guard shall also apply to members of the South Carolina State Guard.

State

Contacts

None.

Regulations

South Carolina Code Title 25, Chapter 1, Military Code, Article 18, Reemployment Rights, §§25-1-2310 through 25-1-2340

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