Much like the federal government, which has enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA), many states have enacted laws to protect the employment status of the men and women who serve in the armed forces (38 USC 4301 et seq.). Idaho has enacted such a law.
Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people. That is, if Idaho law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective Idaho law. Additionally, if Idaho law is more protective than USERRA, the Idaho law will apply.
An employee of the state of Idaho or any political subdivision ordered to military duty in a component of the armed forces is entitled to reemployment provided that the employee:
• Is released from duty under honorable conditions.
• Serves for 4 years or less, unless the period of service is extended by law.
• Applies for reinstatement within 90 days of completing service or within 1 year after release from hospitalization for a service-connected injury.
If the employee is still physically qualified to perform the duties of his or her former job, the employee must be restored to that position if it still exists and is not held by a person with greater seniority; otherwise, the employee must be restored to a position of like seniority, status, and pay.
If the employee is unable to perform the duties of his or her former job because of a service-related disability, the employee must be placed in a job he or she is qualified to perform, with the same seniority, status, and pay.
If an employee took a leave of absence for induction ...