Vermont Military Service (USERRA) laws & HR compliance analysis

Vermont 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.).
Vermont 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. That is, if Vermont law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective Vermont law.
In addition, if Vermont law is more protective than USERRA, then the Vermont law will apply.
An employer may not discriminate in any manner of employment against an individual because of membership or service in the federal or state National Guard (VT Stat. Tit. 21 Sec. 491).
Leave. Effective July 1, 2021, Vermont House Bill 149 (VT HB 149) establishes that upon request, a qualified member of the reserve components of the U.S. armed forces, the Ready Reserve, or the Vermont National Guard or the National Guard of another state will be entitled to a leave of absence to engage in military drill, training, or other temporary duty pursuant to state or federal military orders. VT HB 149 removes the former entitlement to a total of 15 days' unpaid leave of absence per calendar year.
VT HB 149 also establishes that a member of the Vermont National Guard or the National Guard of any state or territory who is ordered to state active duty will be subject to the requirements of and entitled to the rights, privileges, benefits, and protections provided by USERRA ...

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