Kentucky Military Service (USERRA) laws & HR compliance analysis

Kentucky 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.).
Kentucky 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 Kentucky law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective Kentucky law. In addition, if Kentucky law is more protective than USERRA, then the Kentucky law will apply.
Kentucky law prohibits employers from discriminating against an individual because of membership in the Kentucky National Guard or Kentucky active militia (KY Rev. Stat. Sec. 38.460).
Leave. Employees who are members of the National Guard must be allowed to take a leave of absence to perform active duty or training.
Returning employees must be reinstated to their former position with the seniority, status, pay, and other rights and benefits they would have had if they had not been absent (KY Rev. Stat. Sec. 38.238).
Paid leave. Public employees who are members of the National Guard, the U.S. reserves, or the U.S. Public Health Service reserves are entitled to a leave of absence for duty or training in the service of the United States or the state.
The leave must be granted without loss of time, pay, regular leave, impairment of efficiency rating, or of any other rights or benefits to which the employee is entitled.
An employee will be paid his or her ...

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