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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.
Private employees
A private employer may not terminate the employment of a permanent employee who is a member of the state military forces of this state or any other state because the employee is ordered to authorized training or duty. The employee is entitled to return to the same employment held and may not be subjected to loss of time, efficiency rating, vacation time, or any benefit of employment during or because of the absence. The employee, as soon as practicable after release from duty, must give written or actual notice of intent to return to employment.
If the employer’s circumstances changed while the employee was in training or on duty to an extent that makes reemployment impossible or unreasonable, the employer has the burden of proving the impossibility or unreasonableness of reemploying the employee.
Public employees
An officer or employee of the state, a municipality, a county, or another political subdivision of the state and who is a member of the state military forces, a reserve component of the armed forces, or a member of a state or federally authorized Urban Search and Rescue Team is entitled to a paid leave of absence when engaged in authorized training or duty for not more than 15 workdays in a federal fiscal year. During a leave of absence the person may not be subjected to loss of time, efficiency rating, personal time, sick leave, or vacation time.
Such employee, when relieved from duty, shall be restored to the position that the employee held when ordered to duty. The employee on unpaid leave during military duty continues to accrue state service credit, vacation, and sick leave.
State
Contacts
None.
Regulations
Texas Government Code, Title 4, Chapter 437 State Military
§437.202. Leave Of Absence For Public Officers And Employees.
§431.204. Reemployment Of Person Called To Training Or Duty.
Texas Government Code, Title 6 - Public Officers and Employees, Chapter 661 - Leave
§661.904. Military Leave During National Emergency
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