Pennsylvania Military Service (USERRA) laws & HR compliance analysis

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

An employer may not terminate or otherwise discriminate against an individual because of membership or service in the National Guard or U.S. reserves or because he or she is called to special or active state duty by the governor or the federal government (PA Stat. Tit. 51 Sec. 7309).
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Reinstatement. Employees who are members of the state National Guard or the U.S. reserves are entitled to reinstatement upon completion of emergency or other military duty. The employee must be restored to his or her former position or to a position of like seniority, status, and pay, provided he or she is still qualified to perform the duties of the job.
If the employee is not qualified to perform the job's duties because of a service-related disability, he or she must be restored to a position he or she is qualified for, with like seniority, status, and pay, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so.
Benefits. Employers must continue an employee's health insurance and other benefits for at least the first 30 days of active duty at no extra cost to the employee. After 30 days, the employer must give the employee the option of continuing insurance at his or her own expense (PA Stat. Tit. 51 Sec. 7309).
Active state duty. All officers and employees of a political subdivision or its instrumentalities who are members of the Pennsylvania National Guard are entitled to a paid leave of absence without loss of time or efficiency rating during active state duty (PA Stat. Tit. 51 Sec. 4102).
Training or other military duty. All officers and employees of a political ...

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