Arizona Military Service (USERRA) laws & HR compliance analysis

Arizona 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.).
Arizona 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 Arizona law is less protective than USERRA, the rights given by USERRA will apply and not the less protective Arizona law. In addition, if Arizona law is more protective than USERRA, the Arizona law will apply.
There is additional information.
Arizona law prohibits an employer from refusing to hire or otherwise discriminating against an employee who is a member of the National Guard because of his or her membership or absence from employment because of military orders. State law also prohibits employers from attempting to dissuade an employee from enlisting in the state or U.S. military services. (AZ Rev. Stat. Sec. 26-167).
An employer must permit employees who are members of the National Guard or members of the U.S. armed forces reserves to take leaves of absence when ordered to active duty by the state or the United States, or to attend camps, maneuvers, formations, or armory drills.
National Guard members and members of the U.S. armed forces reserves do not lose seniority or precedence while on leave, and upon return must be reinstated to their previous jobs or to higher positions commensurate with their skills and experience as seniority or precedence would otherwise entitle them. In ...

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