Military leave - Vermont

Summary of difference 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.

A member of or an applicant for membership in the national guard in either federal or state status shall not be denied initial employment, reemployment, retention of employment, promotion, or any benefit of employment on the basis of membership, application for membership, performance of service, application for service, or obligation to serve.

Vermont law provides protection for reserve training and military duty. Employees must notify employers of the need for leave 30 days prior to the date of departure or as soon as practical after being called into service. The employee has a right to return to their job, unless no longer qualified for the job. The employee may not lose any sick leave, vacation time, bonuses, promotion and other benefits because of such leave.

Any person who is absent from employment necessitated by service in the national guard shall be entitled to the reemployment rights and benefits provided in USERRA.

State

Contact

None.

Regulations

Vermont Statutes Title 21, Chapter 5
§491, Absence on military service and training; employment and reemployment rights
§492, Rights and benefits

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