Colorado Military Service (USERRA) laws & HR compliance analysis

Colorado 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.).
Colorado 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 Colorado law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective Colorado law. If Colorado law is more protective than USERRA, then the Colorado law will apply.
Colorado law prohibits employers from discriminating against employees because they are members of the state National Guard and from preventing a National Guard member from performing a required military duty.
Employers that violate this law will be guilty of a misdemeanor and, if convicted, will face a fine (CO Rev. Stat. Sec 28-3-506).
In the private sector, a permanent employee who belongs to the state National Guard or the U.S. reserves is entitled to up to 15 days of unpaid leave per calendar year for training with the U.S. Armed Forces without loss of vacation, sick leave, bonus, advancement, or other advantages of employment.
A private employee must be reinstated to his or her previous nontemporary job, or a job with similar status, pay, and seniority, and with full retention of his or her benefits, provided he or she gives evidence of satisfactory completion of service and is still qualified to perform the duties of the job (CO Rev. Stat. Sec. 28-3-609 et seq.).
A private employee who is a member of ...

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