Georgia Military Service (USERRA) laws & HR compliance analysis

Georgia 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 4301et seq.). Georgia 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 Georgia law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective Georgia law. Additionally, if Georgia law is more protective than USERRA, then the Georgia law will apply. There is additional information.
Permanent private employees are entitled to an unpaid leave of absence for military service. Unless circumstances make it impossible or unreasonable to reemploy an individual, employees who have left their position to perform military service are entitled to reinstatement to their former position, or a position of like seniority, status, and pay, upon completion of service, provided they:
· Received a certificate of completion of military service
· Are still qualified to perform the duties of the position
· Apply for reinstatement within 90 days after completing military service
Employees must be reinstated without loss of seniority and are entitled to participate in insurance or other benefits offered by the employer to other employees taking leaves of absence. Employers are prohibited from firing a reinstated employee without cause for one year following reemployment.
Assemblies, annual training, and service schools. A permanent employee who leaves employment for up to six months in a ...

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