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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.
Discrimination prohibited
A person who is a member of, applies to be a member of, performs, has performed, applies to perform or has an obligation to perform service in an uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion or any benefit of employment on that basis.
An employer may not discriminate against or take an adverse employment action against any person for exercising a military leave right or for supporting the rights of another.
Leave status
Any employee who leaves employment in order to perform service shall be treated as being on military leave of absence, provided that he applies for reemployment in accordance with state law.
The employee, at his option, may use accrued annual leave, paid military leave, vacation or compensatory leave (or any combination) during the period of service.
During the period of service, the employee shall continue to accrue sick leave, annual leave, vacation leave or military leave on the same basis as he would have accrued such leave.
No employer may deduct from compensation any cost of replacing the employee during service.
Right of reinstatement to former employment
Any person who is absent from a position by reason of service shall be entitled to the reemployment rights and benefits and other employment benefits within 10 days of application for reemployment if all of the following conditions are met:
- The person or the authorized officer has given advance written or verbal notice of service to the employer;
- The cumulative length of all absences from a position with that employer by reason of service does not exceed five years;
- The person reports to, or submits an application for reemployment;
- If the person has been discharged, the discharge was an honorable discharge or a discharge under honorable conditions.
Notice is not required if the giving of the notice is precluded by military necessity, or the giving of the notice is otherwise impossible or unreasonable.
Any employee who is restored to a position shall not be discharged without cause within one year.
A person who is reemployed is entitled to the seniority and other rights and benefits that such person would have attained if the person had remained continuously employed.
Leave of absence for state, city or county officers and employees
Any member of the Wyoming national guard or United States military forces reserve who is an officer or employee of this state or any political subdivision, municipal corporation or any public agency or entity of the state, including community colleges, shall be given a military leave of absence with pay at the regular salary or wage which the employee normally receives, not to exceed 15 calendar days in any one calendar year in addition to any other leave or vacation time to which the person is otherwise entitled.
Upon completion of service, the officer or employee shall be reinstated to the public position held or a position of like seniority, status and pay, if available, and upon making written application for reinstatement.
State
Contacts
None.
Regulations
Title 19 Chapter 11 - Military Service Member Protections
Article 1 - Military Service Relief Act
§§ 19-11-101 to 19-11-124
www.lexisnexis.com/hottopics/wystatutes/
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