Ohio Military Service (USERRA) laws & HR compliance analysis

Ohio Military Service (USERRA): What you need to know

Ohio determines the reinstatement and reemployment rights of permanent public and private employees in the uniformed services in accordance with the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) (38 USC 4301et seq.; OH Rev. Code Sec. 5903.02).
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In applying USERRA, Ohio protects public and private employees who are in the armed forces of the United States, including the Army, Navy, Air Force, Marine Corps, Coast Guard, or any reserve components of those forces; the National Guard of any state; the commissioned corps of the United States public health service; the merchant marine service during wartime; such other service as may be designated by congress; or the Ohio organized militia when engaged in full-time National Guard duty for a period of more than 30 days (OH Rev. Code Sec. 5903.01, Sec. 5903.02).
State law bars employers from discriminating against employees and applicants because of military status (OH Rev. Code Sec. 4112.02).
Military status. Military status means the performance of duty, on a voluntary or involuntary basis, in a uniformed service and includes active duty, active duty for training, initial active duty for training, inactive duty for training, full-time National Guard duty, and performance of duty or training by a member of the Ohio organized militia. Also included is the period of time for which an employee is absent for the purpose of a fitness for duty exam for service.
Uniformed services. Covered uniformed services include the armed forces; the Ohio organized militia when engaged in active duty for training, inactive duty training, or full-time National Guard duty; the commissioned corps of the public ...

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