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

The Wisconsin Fair Employment Act prohibits discrimination in hiring, termination, and the terms and conditions of employment because of military service (WI Gen. Stat. Sec. 111.31 et seq.). An individual is protected if he or she serves in the U.S. armed forces, the state defense force, the National Guard of any state, or any other reserve component of the U.S. armed forces (WI Gen. Stat. Sec. 111.32). The law applies to all employers in the state, both public and private, with one or more employees. The law also prohibits retaliation against persons who assert their rights under the Act.
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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.). Wisconsin 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 Wisconsin law is less protective than USERRA, then the rights given by USERRA will apply and not the less-protective Wisconsin law. Additionally, if Wisconsin law is more protective than USERRA, then the Wisconsin law will apply.
Any public or private employee who is called into active service in the National Guard, state defense force or as part of the public health emergency service is entitled to reemployment rights and benefits, provided that:
• The employee gave advance notice of the leave to the employer.
• The cumulative length of the absence does not exceed 5 years.
• The employee submits notice of intent to return according to the procedure outlined in the statute.

>> Read more about Military Service (USERRA)

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Wisconsin 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""
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    New FMLA Rule Webinar Recording
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