Wisconsin Military Service (USERRA) laws & HR compliance analysis

Wisconsin 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.).
Wisconsin 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 Wisconsin law is less protective than USERRA, then the rights given by USERRA will apply and not the less-protective Wisconsin law. Additionally, if Wisconsin law is more protective than USERRA, then the Wisconsin law will apply.
A permanent employee who leaves work to serve on active duty in the U.S. armed forces, reserve units, or the National Guard, and any person whose services are requested by the federal government for national defense work as a civilian during a period officially proclaimed to be a national emergency or a limited national emergency, is entitled to be reinstated to his or her previous position, or a position of like seniority, status, and pay (WI Rev. Code Sec. 321.64).
This law covers private employees and employees of any political subdivision of the state.
The employee is entitled to reinstatement, provided:
• The employee presents the employer with evidence of satisfactory completion of the period of training or civilian service, or of discharge from the armed forces under conditions other than dishonorable.
• The employee is still qualified to perform the duties of the position.
• The employee applies for reinstatement within 90 days after ...

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