Missouri Military Service (USERRA) laws & HR compliance analysis

Missouri 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.).
Missouri has enacted such a law for public employees.
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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 Missouri law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective Missouri law. In addition, if Missouri law is more protective than USERRA, then the Missouri law will apply.
Missouri law prohibits employers from discharging or otherwise discriminating against members of the state-organized militia or the U.S. armed forces (MO Rev. Stat. Sec. 41.730, Sec. 105.270).
Members of the state military forces ordered to active duty by the governor have the same reemployment rights provided by USERRA (MO Rev. Stat. Sec. 40.490).
Paid leave. Public employees who are members of the National Guard or U.S. reserves are entitled to a paid leave of absence without loss of time, regular leave, efficiency rating, or of any other rights or benefits to which otherwise entitled.
The leave may be taken for duty or training in state service as ordered by the governor and as ordered by the adjutant general without regard to length of time. Leave is also allowed for ordered duty in U.S. service for a period not to exceed a total of 120 hours in any federal fiscal year (MO Rev. Stat. Sec. 105.270).
Unpaid leave. Public employees ...

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