Minnesota Military Service (USERRA) laws & HR compliance analysis

Minnesota 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 4301et 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.
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Minnesota law prohibits employers from discharging or otherwise discriminating against an employee because of membership in the state or federal military service (MN Stat. Sec. 192.34).
Leave for war or emergency. Minnesota law requires public employers to grant a leave of absence of up to four years (unless extended by law) to any employee called to active state or federal military service during time of war or emergency. The leave is not required to be a paid leave. An employee returning from leave must be reinstated to his or her previous position, or one of like seniority, status, and pay, if one is available at the same salary the employee would have received if he or she had not taken leave, provided the employee:
• Produces a certificate of honorable discharge or other official document that shows satisfactory completion of service
• Applies to the employer within 90 days of discharge from actual service or from hospitalization for a service-connected injury (as long as recuperation has not taken more than a year)
• Is not prevented by service-related disability from performing the duties of such position
Upon reinstatement, the employee has the same rights with respect to accrued and future seniority status, efficiency rating, vacation, ...

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