Hawaii Military Service (USERRA) laws & HR compliance analysis

Hawaii 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 4301et seq.). Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people. There is additional information..
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Private sector employees who belong to the National Guard are entitled to an unpaid leave for military duty. Unless impossible or unreasonable, employees returning from Guard duty must be reinstated to their previous position, or a position of comparable seniority, status, and pay. To qualify for reinstatement, the employee must still be qualified to perform the duties of the job. The employee must be reinstated without loss of seniority and must be allowed to participate in the insurance and benefits offered by the employer. In addition, an employee cannot be discharged for 1 year after reinstatement.
If the employee is not qualified to perform the job because of a disability sustained during ordered National Guard service, but is qualified to perform the duties of any other position, the employer must reinstate the employee in the other position with like seniority, status, and pay, or the nearest approximation thereof, consistent with the circumstances in such person's case, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so.
Any employee who is reinstated must be given the employment status the person would have had if he or she had been continuously employed instead of taking military leave. A reinstated ...

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