Indiana Military Service (USERRA) laws & HR compliance analysis

Indiana 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.).
Indiana 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 Indiana law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective Indiana law.
In addition, if Indiana law is more protective than USERRA, then the Indiana law will apply.
An employer that refuses to allow a member of the Indiana National Guard to attend any assembly at which the employee has a duty to perform commits a misdemeanor (IN Code Sec. 10-16-7-4).
Training. A person who is a qualified member of the reserve components of the armed forces, a member of the Ready Reserve, or a member of an organized unit is entitled to up to 15 days of leave each calendar year for training.
Employees are entitled to reinstatement to their former position or a similar position with the same status and pay as long as they provide the employer with reasonable notice of the training dates and evidence of satisfactory completion of the training, and are still qualified to perform the duties of the position.
The leave may be paid or unpaid, at the employer's discretion. Seniority must continue to accrue during the absence. Such absence does not affect the employee's right to receive normal vacation, sick leave, bonuses, advancement, and other advantages of his or ...

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