Products & Training » When Duty Calls: Military Leave and Veterans´ Rights

When Duty Calls: Military Leave and Veterans´ Rights

Cynthia L. Hackerott, J.D., Kathleen Kapusta, J.D., Ronald Miller, J.D.

 

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Employees who are called up for military duty may be away from their jobs for an extended period, and employers need to plan carefully for their eventual return. As reservists and National Guard members make up nearly 50 percent of the country”s total available military, it is essential for an employer to understand its obligations and the rights of the employee, as well as to support the employee and his or her family during any military effort.

Military leaves and reemployment rights of veterans and reservists are governed by the Uniformed Services Employment and Reemployment Rights Act (USERRA). In addition to federal law, many states have their own laws governing military leave and reemployment of veterans. Federal law does not preempt state laws providing greater or additional rights, but does overrule state laws that do not meet the federal level of protection or impose additional criteria. Thus, it is imperative that employers familiarize themselves with both the applicable federal and state veterans” employment laws.

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