Tennessee Military Service (USERRA) laws & HR compliance analysis

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

Employers are prohibited from terminating or refusing to hire an individual because of membership in the state National Guard. Violation of this provision is a class E felony (TN Code Sec. 58-1-604).
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State duty, training, and emergency service. All officers and employees of the state, or of any county, municipality, school district, or other political subdivision, and all private sector employees who are members of the Tennessee army and air national guard on active state duty or the Tennessee state guard and civil air patrol are entitled to an unpaid leave of absence for service. The periods of service must be taken under competent orders, for the performance of duty or training in the service of the state, including the performance of duties in an emergency.
Such leave must be given without loss of time, pay (not specifically related to leave of absence time), regular leave or vacation, or impairment of efficiency rating (TN Code Sec. 8-33-110).
Note. Leave under these provisions must be provided in addition to the leave required under the state laws that apply to reservists (see below for details).
Leave. Permanent public employees are entitled to a leave of absence to perform active duty or training in the U.S. reserves, or National Guard (TN Code Sec. 8-33-102).
Reinstatement. Returning employees are entitled to reinstatement to their former position or a position of like seniority, status, and pay. To qualify, employees must have received a discharge other than dishonorable and must apply for reemployment within 90 days of release from duty or service-connected hospitalization continuing after discharge for not more ...

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