Indiana Military Service (USERRA): What you need to know

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 4301et seq.). Indiana has enacted such a law.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
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 Indiana law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective Indiana law. In addition, if Indiana law is more protective than USERRA, then the Indiana law will apply.
An employer that refuses to allow a member of the Indiana National Guard to attend any assembly at which the employee has a duty to perform commits a misdemeanor (IN Code Sec. 10-16-7-4).
Training. A person who is a qualified member of the reserve components of the armed forces, a member of the Ready Reserve, or a member of an organized unit is entitled to up to 15 days of leave each calendar year for training. Employees are entitled to reinstatement to their former position or a similar position with the same status and pay as long as they provide the employer with reasonable notice of the training dates and evidence of satisfactory completion of the training, and are still qualified to perform the duties of the position. The leave may be paid or unpaid, at the employer's discretion. Seniority must continue to accrue during the absence. Such absence does not affect the employee's right to receive normal vacation, sick leave, bonuses, advancement, and other advantages of his or ...

>> Read more about Military Service (USERRA)

More on this topic:

State Requirements

National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

Indiana Military Service (USERRA) Resources

Military Service (USERRA) Products

Military Leave Webinar Recording
BLR Webinar: "Military Leave: Front-Line Strategies for Complying with New Developments Under USERRA and FMLA""
Military Leave Webinar Recording
BLR Webinar: "Military Leave: Front-Line Strategies for Complying with New Developments Under USERRA and FMLA""
USERRA Compliance Explained Webinar Recording
BLR Webinar: "USERRA Compliance Explained: How to Avoid a Battle When Service Members Return for Reemployment""
HR Real Life Answers on Time Off from Work
Looking for:
  • Q & A fast format?
  • Instant Access?
  • Learn about & benefit from your colleague's experiences?
  • Answers you can trust?

  • Then you need this new Real-Life information bank!"
    New FMLA Rule Webinar Recording
    BLR Webinar: "New FMLA Rule: What You Must Know About Qualified Military Exigency and Caregiver Leave""
    Free Special Reports
    Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
    Featured Special Report
    Claim Your Free Copy of Critical HR Recordkeeping

    Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
    Download Now!

    This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

    Topics covered:
    1. Hiring Records
    2. Employment Relationships
    3. Termination Records
    4. Litigation Issues
    5. Electronic Information Issues
    6. Tips for Better Recordkeeping
    7. A List of Legal Requirements

    Make sure you have the information you need to know to keep your records in order.