Kansas Military Service (USERRA) laws & HR compliance analysis

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

Kansas law prohibits an employer from refusing to hire, discharging, or otherwise discriminating against an employee because of his or her membership in the U.S. armed forces or reserves or the National Guard (KS Stat. Sec. 44-1125et seq.).
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Private employers must grant unpaid leave to any employee who is a member of the Kansas National Guard to attend drills or annual muster or perform active service. Employers may not discharge or punish an employee for absences due to the performance of military duty (KS Stat. Sec. 48-222).
Leave for military duty is without pay. However, members of the state National Guard are entitled to reimbursement of the cost of privately purchased or employer-provided health insurance if the insurance policy was in force before the employee was ordered to perform active state service. Reimbursement by the state is only available during any period or consecutive periods of state active duty in excess of 30 days (KS Stat. Sec. 48-225).
State employees must be given unpaid leave when they are called to active military duty, including National Guard or reservists' duty. A returning employee is entitled to be reinstated to the same job or to a comparable job, provided the employee applies for reinstatement within 90 days following honorable discharge from duty or hospitalization (KS Admin. Reg. Sec. 1-9-7a).
State employees must be granted up to 12 days per year of paid military leave for training in the U.S. reserves or the National Guard. Any actual duty for training in excess of 12 days will be charged to unpaid military leave or, at the employee's request, to accrued vacation leave. If the employee reports back to ...

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