North Dakota Military Service (USERRA) laws & HR compliance analysis

North Dakota 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 those who serve in the armed forces (38 USC 4301et seq.). Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people. There is additional information.
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Leave of absence. All officers and employees of the state or a political subdivision of the state who are members of the National Guard or the U.S. reserves, or who are subject for call in the federal service, are entitled to a leave of absence for the period of active service without loss of status or efficiency rating.
If the employee has been employed for 90 continuous days immediately preceding the leave of absence, the employee is eligible to receive 20 paid workdays each calendar year for military leave for service.
Any leave of absence necessitated by a full or partial mobilization of the reserve and National Guard or emergency state active duty must be paid for the first 30 days.
If leave is required for weekend, daily, or hourly periods of drill for military training on a day in which an employee is scheduled to work, the employee must be given the option of time off with a concurrent loss of pay for the period missed or must be given an opportunity to reschedule the work period so that the reserve or National Guard weekend, daily, or hourly drill or period of training occurs during time off from work without loss of status or efficiency rating.
Reinstatement. The employee is entitled to reinstatement to his or her former position as long as he or she ...

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