Maryland Military Service (USERRA) laws & HR compliance analysis

Maryland 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 4301 et 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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Paid leave of absence.Public employees who are members of the organized militia are entitled to an annual paid leave of absence, without loss of time or efficiency rating, of up to 15 days for training. When ordered to active duty by the governor, these employees are also entitled to a leave of absence without loss of pay, time, or efficiency rating for the entire period of active service (MD Code Pub. Safety Sec. 13-706).
Military administrative leave. Public employees called to active military duty on or after July 1, 2003, are entitled to receive the difference between the employees' active duty base salary paid by the federal government and the employees' state wages. Compensation may not exceed employees' state wages.
Reinstatement for veterans. Returning veterans of the U.S. armed forces are eligible for reinstatement if the veteran performed service that qualified for USERRA leave and received a certificate of satisfactory completion of service.
Qualified veterans are entitled to reinstatement to their former position or to a position of equal responsibilities, qualifications, and pay, provided that they apply for reinstatement within 90 days of discharge or release from the hospital (hospitalization must not have been for ...

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