Maine Military Service (USERRA) laws & HR compliance analysis

Maine 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.).
Maine 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 Maine law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective Maine law. In addition, if Maine law is more protective than USERRA, then the Maine law will apply.
Employers are prohibited from terminating or otherwise discriminating against employees because of membership in the state military force, National Guard, or U.S. reserves. Violation of this provision is a class E crime (ME Rev. Stat. Tit. 37-B Sec. 342).
Employees who are members of the National Guard, U.S. reserves, or state military force may take a military leave of absence in response to federal or state orders, provided they give notice to their employers, if reasonable, and can offer evidence, if the employer requests, of satisfactory completion of military duty. The leave may be with or without pay at the employer's discretion.
All employers must reinstate employees after conclusion of service provided they are still qualified to perform the duties of the job. An employee must be reinstated with the same pay, seniority, benefits, and status, and receive any other advantages of employment as if the employee had remained continuously employed. The period of absence must be ...

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