Utah Military Service (USERRA) laws & HR compliance analysis

Utah 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 those who serve in the armed forces (38 USC 4301et seq.).
Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people.
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An employer may not refuse to hire and otherwise may not discriminate against an individual because of membership in the U.S. reserves. This provision covers all employers. Violating this provision is a class B misdemeanor (UT Code Sec. 39-1-36).
Leave. Employees who are members of the U.S. reserves are entitled to a leave of absence without pay for active duty, active duty for training, inactive duty training, or state active duty for a period of up to 5 years.
Reinstatement. Employees returning from training or hospitalization must be reinstated with the seniority, status, pay, and vacation the employee would have had if he or she had not been absent for military service (UT Code Sec. 39-1-36).
Leave. Public employees who enter active service in the U.S. or state armed forces are entitled to a leave of absence without pay during that service.
Reinstatement. Returning employees are entitled to reinstatement to their former position or an equivalent position provided they apply for reemployment within 40 days after release from service.
Benefits. Returning employees retain all personal, sick, and other leave to which they were entitled before military service. In addition, they must receive and earn benefits and compensation at a ...

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