Florida Military Service (USERRA) laws & HR compliance analysis

Florida 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 4301 et seq.).
Florida has such a law.
Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people.
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Florida law prohibits both public and private employers from discharging or otherwise discriminating against an individual because he or she:
• Belongs to the state National Guard and is required to report for active duty
• Has an obligation as a member of a reserve component of the armed forces
If an individual is ordered into active service, he or she may not be penalized by an employer.
If a member of the Florida National Guard is ordered into state active duty, private and public employers, including the state, its counties, school districts, municipalities, political subdivisions, career centers, community colleges, or universities, may not discharge, reprimand, or in any other way penalize the individual because of his or her absence. (FL Stat. Sec. 250.481et seq.)
For training. Public employees who belong to the Florida National Guard or U.S. reserves are entitled to an annual paid leave of absence of up to 240 working hours for required training, without loss of vacation, leave time, or efficiency rating.
Leaves for additional or longer periods, although unpaid, are without loss of time or efficiency rating (FL Stat. Sec. 115.07).
For active duty. Public employees who belong to the Florida National Guard are entitled ...

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