Alabama Military Service (USERRA) laws & HR compliance analysis

Alabama 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 4301 et seq.).
Alabama has enacted such a law.
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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 Alabama law is less protective than USERRA, the rights given by USERRA will apply and not the less-protective Alabama law. In addition, if Alabama law is more protective than USERRA, the Alabama law will apply.
Paid leave. Employees of any public or private business or industry who are active members of the state National Guard, Naval Militia, Alabama State Guard organized in lieu of the National Guard, Civil Air Patrol, or the U.S. reserves are entitled to a military leave of absence to engage in field or coast defense or other service ordered under the National Defense Act or of the federal laws governing the U.S. reserves.
The leave is to be granted without loss of time, efficiency rating, annual vacation, or sick leave.
One hundred sixty-eight hours per calendar year of this leave is paid leave. In addition, employees are entitled to be paid for not more than 168 hours at any one time when called by the governor to active state duty (AL Code Sec. 31-2-13).
USERRA application. The provisions of USERRA apply to active members of the state National Guard when called or ordered to active state duty for 30 consecutive days or more or federally funded duty for other than training, in time of war, armed conflict, or ...

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