Texas Military Service (USERRA) laws & HR compliance analysis

Texas 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 4301 et seq.).
Texas has enacted such a law. Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people. There is additional information.
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An employer may not terminate the employment of an employee who is a member of the state military forces because the employee is ordered to authorized training or duty by a proper authority. The employee is entitled to return to the same employment held when ordered to training or duty and may not be subjected to loss of time, efficiency rating, vacation time, or any benefit of employment during or because of the absence. The employee must give written or actual notice of intent to return to employment as soon as practicable after release from duty.
A violation of this section is an unlawful employment practice. A person injured by a violation of the law may file a complaint with the Texas Workforce Commission, civil rights division (TX Government Code Sec. 437.204).
An officer or employee of the state, a municipality, a county, or another political subdivision of the state and who is a member of the Texas military forces, a reserve component of the armed forces, or a member of a state or federally authorized urban search and rescue team is entitled to a paid leave of absence from his or her duties on a day on which the person is engaged in authorized training or ...

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