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

South 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 the men and women who serve in the armed forces (38 USC 4301et seq.).
South Dakota 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.
South Dakota National Guard members ordered to active duty service by the governor or the president are fully protected by federal law and USERRA (SD Cod. Laws Sec. 33A–2–9).
Military training leave. Military leave for training may not be accumulated, granted to an employee who is on vacation and terminating employment, or granted to a temporary employee.
A new employee on 6 months’ probationary status is not considered a temporary employee. The appointing authority must maintain a record of military leave taken with the regular vacation and sick leave account of each state employee.
An employee requesting military leave for training must obtain a written order or letter from the commander of the employee's reserve or national guard unit showing the dates of the training period. The notice must be submitted to the appointing authority 15 days before the date of the employee's departure for training (SD Admin. Code Sec. 55:09:04:08).
South Dakota law grants a preference in public employment to veterans who served on continuous federalized active military duty for a period of at least 90 days for reasons other than training and have been separated or discharged from such service honorably ...

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