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.). Montana has enacted such a law.
Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and re-employment rights of uniformed service people. That is, if Montana law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective Montana law. In addition, if Montana law is more protective than USERRA, then the Montana law will apply. .
A permanent employee inducted into the U.S. armed forces as a result of the operation of any training act or National Guard or U.S. reserves mobilization act is entitled to be reinstated to his or her previous position with no loss of seniority, provided the employee:
• Satisfactorily completes service;
• Is still qualified to perform the duties of the position;
• Held a permanent position before leaving for service; and
• Applies for reemployment within 40 days after completing service.
Employees who take military leave are to be treated as having been on a leave of absence. They are entitled to all insurance and benefits offered to other employees on leaves of absence. Employers are prohibited from discharging a reinstated employee without cause for 1 year following reemployment (MT Code Sec. 10-2-211et seq.).
Following a military leave, private employers are required to restore a permanent employee to his or her previous position or a position of like seniority, status, and pay unless the ...