Alaska Military Service (USERRA) laws & HR compliance analysis

Alaska 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 those who serve in the armed forces (38 USC 4301et seq.).
Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people. There is additional information.
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Alaska law prohibits employers from discriminating in employment against members of the state National Guard or naval militia (AK Stat. Sec. 26.05.340).
Employees who are members of the organized state militia are entitled to a leave of absence to perform active state service when ordered by the governor. On release from state service, employees are entitled to reinstatement to their previous position or a position of like pay, seniority, or benefits, provided they report for work at the beginning of the first workday following return from duty or hospitalization. Employees who are no longer qualified to perform the duties of their previous position because of service-related permanently disability are entitled to a comparable position, provided they request reemployment within 30 days of being released to full-time work by their treating physician (AK Stat. Sec. 26.05.075).
Public employees. Public sector employees who are members of the U.S. reserves or an auxiliary component are entitled to an annual paid leave of up to 16 1 / 2 working days per year without loss of time or efficiency rating for military training or instruction, or when under direct military control in the performance of a search and rescue mission. ...

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