Mississippi Military Service (USERRA) laws & HR compliance analysis

Mississippi 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 4301 et seq.).
Mississippi has enacted such a law.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
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 Mississippi law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective Mississippi law. In addition, if Mississippi law is more protective than USERRA, then the Mississippi law will apply.
An employer may not discharge or otherwise discriminate against an individual because of membership in the U.S. armed forces or U.S. reserves. Violating this provision is a misdemeanor subject to a fine, imprisonment, or both (MS Code Sec. 33-1-15).
Leave. Permanent employees who are members of the U.S. reserves, or who are former members of the U.S. military service discharged or released under conditions other than dishonorable, are entitled to a leave of absence to perform duties or receive training with the state or U.S. armed forces.
Reinstatement. Returning employees must be reinstated to their former position or to a similar position with the same status, pay, and seniority, provided they give evidence of having satisfactorily completed duty or training and are still qualified to do the job. The period of absence for military duty or training is to be construed as an absence with leave, but may be without pay. Employers cannot discharge ...

Read more about Military Service (USERRA)

Related Topics