Michigan Military Service (USERRA) laws & HR compliance analysis

Michigan 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.).
Michigan 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 Michigan law is less protective than USERRA, the rights given by USERRA will apply and not the less protective Michigan law. In addition, if Michigan law is more protective than USERRA, then the Michigan law will apply.
Employers are prohibited from discharging or otherwise discriminating against an employee because of membership or service in the military or naval forces of the state. State law also explicitly prohibits an employer from preventing employees from performing military service; attending any military encampment, drill, or instruction; or dissuading any person from enlisting or accepting a commission in the National Guard or naval militia by threatening his or her employment (Mich. Comp. Laws Sec. 32.272).
An employee who gives advance notice requesting leave for active service in the military may not be denied a leave of absence by his or her employer.
Qualified military leave includes leave for the purpose of being inducted in to or entering in to active service, active state service, or the service of the United States, for the purpose of determining his or her physical fitness to enter the service, or for performing service as an officer or enlisted member of the ...

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