Oregon Military Service (USERRA) laws & HR compliance analysis

Oregon 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.).
Oregon 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 Oregon law is less protective than USERRA, the rights given by USERRA will apply. Likewise, if Oregon law is more protective than USERRA, the Oregon law will apply.
There is additional information.
State militia. Both public and private employers must give a leave of absence to employees called to state active duty in the state militia or the militia of another state. Employers are not required to pay wages or other monetary compensation to employees who are on leave.
The state will continue coverage under an employer-sponsored health plan to state employees for up to 12 months while the employee is on leave. Employees may not be discharged or otherwise removed from their jobs while on leave.
Upon termination of the leave, employees must return to employment within 7 calendar days and must be restored to their previous position or an equivalent position without loss of seniority, vacation credits, sick leave credits, service credits under a pension plan or any other employee benefit or right that had been earned at the time of the leave of absence (OR Rev. Stat. Sec. 659A.086).
The federal USERRA provides that an employee reemployed following a period of uniformed service is ...

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