New Hampshire Military Service (USERRA) laws & HR compliance analysis

New Hampshire 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.).
New Hampshire 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 New Hampshire law is less protective than USERRA, then the rights given by USERRA will apply. In addition, if New Hampshire law is more protective than USERRA, then the New Hampshire law will apply.
There is more information.
New Hampshire law prohibits employers from terminating or otherwise discriminating against employees who are members of the state National Guard because of the employee's participation in the National Guard or absence for military duty (NH Rev. Stat. Sec. 110-B:65).
New Hampshire enacted a law to eliminate the differences in benefits, rights, and protections in employment between individuals called to active duty by the federal government and those called to active duty by the state. Members of the National Guard or State Guard, when called to either federal or state active service, will receive the same benefits, privileges, and protections in employment regardless of the activation authority or location of service.
Anyone called to active duty by the governor as a member of the National Guard or state militia will be granted the same employment and reemployment rights, privileges, and benefits as provided by USERRA for those called to federal duty. These individuals cannot be denied ...

Read more about Military Service (USERRA)

Related Topics