Delaware Military Service (USERRA) laws & HR compliance analysis

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

Delaware law provides that National Guard members called to state active duty are entitled to the same employment rights, principles, and protection they would have if called for military training under federal law protecting reservists and National Guard members. See the national Military Service section for details.
If any employer fails to comply with any provisions of federal or state law relating to employment rights of an employee who is a reservist or National Guard member, the employee can sue the employer for damages (DE Code Tit. 20 Sec. 905).
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Public employees who serve in the U.S. armed forces or the state National Guard are entitled to a leave of absence for military service not exceeding 5 years.
Upon return, public employees must be reinstated in the position they held at the time the leave of absence was granted. Employment must continue under the same terms and conditions as if the employee had been continuously employed during the leave of absence. If the employer has a pension plan, the time spent on military leave must accrue to the employee's benefit.
Pay. During a leave resulting from any mobilization, whether or not due to federal action, subsequent to September 1, 2005, employees must continue to receive the difference between their regular pay and their military pay during the initial period of active duty prescribed by the military (DE Code Tit. 29 Sec. 5105).
Healthcare insurance. State employees and school district employees who take military leave for federal mobilizations must continue to receive their chosen state-provided healthcare insurance for a minimum period of 2 years, provided the employees continue to pay their share of premiums.
The ...

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