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. Employees who are members of the U.S. reserves and the National Guard are entitled to a total of 15 days' unpaid leave of absence per calendar year for the purpose of engaging in military drill, training, or other temporary duties under military authority.
Reinstatement. Employees are entitled to reinstatement in the same position with the same status, pay, and seniority.
Benefits. During a leave of absence for military training, the employee must accrue seniority, vacation, sick leave, bonus, advancement, and any other advantages of employment normally anticipated in the employee's position.
USERRA. Any person who is absent from employment to serve in the National Guard is entitled to the reemployment rights and benefits provided by USERRA (VT Stat. Tit. 21 Sec. 491et ...

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