Nevada Military Service (USERRA) laws & HR compliance analysis

Nevada 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.).
Nevada 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 re-employment rights of uniformed service people. That is, if Nevada law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective Nevada law. Additionally, if Nevada law is more protective than USERRA, then the Nevada law will apply.
There is additional information.
State law prohibits employment practices that discriminate on the basis of National Guard membership. The law covers all public and private employers, regardless of size. Discrimination against a member of the National Guard is considered a misdemeanor under Nevada law (NV Rev. Stat. Sec. 412.606).
A separate provision specifically prohibits terminating an employee because he or she assembles for training, participates in field training or active duty, or is ordered to active service for National Guard duty. Such a termination is a misdemeanor under Nevada law (NV Rev. Stat. Sec. 412.139).
Unpaid leave. A permanent or probationary public employee who performs active military service under any national military service or training act, or who voluntarily serves in the U.S. armed forces in time of war, is, upon application, entitled to an unpaid leave of absence for the period of service plus up to 90 days.
If, within that period, the employee applies for reinstatement, he or he ...

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