Nebraska Military Service (USERRA) laws & HR compliance analysis

Nebraska 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.).
Nebraska 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 Nebraska law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective Nebraska law. In addition, if Nebraska law is more protective than USERRA, then the Nebraska law will apply.
Nebraska law prohibits an employer from discharging an employee because of his or her membership in the National Guard or fulfillment of military duty in the active service of the United States or Nebraska. Violators are guilty of a class IV misdemeanor and also must restore the employee to a position of like seniority, status, and pay (NE Rev. Stat. Sec. 55-166).
State Employees
Nebraska has adopted much of USERRA for application to all employees performing duty in active service of the state. In addition, these employees cannot be discharged without cause for 1 year after reinstatement (NE Rev. Stat. Sec. 55-161).
Military leave. All state employees, including elected officials of the state or any of its political subdivisions, who are members of the National Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, and Coast Guard Reserve are entitled to a military leave of absence without loss of pay. The amount of leave entitlement is dependent on the state employee's ...

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