West Virginia Military Service (USERRA) laws & HR compliance analysis

West Virginia 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.).
West Virginia has enacted such a law for public employees.
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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 West Virginia law is less protective than USERRA, the rights given by USERRA will apply and not the less protective West Virginia law. In addition, if West Virginia law is more protective than USERRA, the state law will apply.
Covered employees. The state military leave law covers all officers and employees of the state, its subdivisions, and municipalities who are members of the National Guard or armed forces reserves (WV Code Sec. 15-1F-1).
Training, parades, and other state duty. State employees are entitled to military leave of absence from their jobs without loss of pay, status, or efficiency rating on the days during which they are ordered, by properly designated authority, for the following purposes:
• Drills, inactive duty training, parades, funeral details, service schools or other duty, during business hours; or
• Field training or active service for the state.
Leave must be granted for a maximum period of 30 working days, not to exceed 240 working hours in any one calendar year.
Active federal duty. Employees who are ordered or called to active duty by the properly designated federal authority are entitled to military leave of absence without loss of pay, status, or efficiency rating for a maximum period of 30 working ...

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