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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.
A member of the Virginia National Guard, Virginia State Defense Force or naval militia called to state active duty or military duty shall have the right to take leave without pay. No member of the National Guard, Virginia State Defense Force or naval militia shall be forced to use or exhaust his vacation or other accrued leaves for a period of active service. The choice of leave shall be solely within the discretion of the member.
Upon honorable release from state active duty or military duty, members shall make written application for reemployment (1) within 14 days of release from duty or from hospitalization following release if the length of the member's absence by reason of service does not exceed 180 days, or (2) within 90 days of release from duty or from hospitalization following release if the member's absence by reason of service exceeds 180 days. They shall be restored to positions held when ordered to duty. If the office or position has been abolished or otherwise has ceased to exist, they shall be reinstated in a position of like seniority, status and pay if the position exists, or to a comparable vacant position for which they are qualified, unless to do so would be unreasonable. This provision shall not apply when the cumulative length of all absences from a position with that employer by reason of service exceeds five years.
A member who performs, has performed, applies to perform, or has an obligation to perform state active duty or military duty 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.
State
Contacts
None.
Regulations
Virginia Code Title 44, Chapter 1, Military Laws of Virginia
§44-93.2. Leaves of absence from nongovernmental employment.
§44-93.3. Reemployment rights.
§44-93.4. Discrimination against persons who serve in the Virginia National Guard, Virginia State Defense Force, or naval militia; and acts of reprisal prohibited.
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