Manager's Legal Handbook,The by Lisa Guerin & Sachi Barreiro

Author:Lisa Guerin & Sachi Barreiro [Guerin, Lisa]
Language: eng
Format: azw3
ISBN: 9781413322385
Publisher: NOLO
Published: 2016-01-24T16:00:00+00:00

State Laws on Military Leave

Alabama

Ala. Code §§ 31-12-1 to 31-12-4

Alabama National Guard members called to active duty for at least 30 consecutive days or for federally funded duty for service other than training have the same leave and reinstatement rights and benefits guaranteed under USERRA (doesn’t apply to normal annual training, weekend drills, and required schools).

Alaska

Alaska Stat. § 26.05.075

Employees called to active service in the state militia are entitled to unlimited unpaid leave and reinstatement to their former or a comparable position, with the pay, seniority, and benefits the employee would have had if not absent for service. Employee must return to work on next workday, after time required for travel. Disabled employee must request reemployment within 30 days of release; if disability leaves the employee unable to do the job, employee must be offered a position with similar pay and benefits.

Arizona

Ariz. Rev. Stat. §§ 26-167, 26-168

Members of the National Guard, Arizona National Guard, and U.S. armed forces reserves called to training or active duty have the same leave and reinstatement rights and benefits guaranteed under USERRA. Members of the National Guard called for active duty or to attend camps, formations, maneuvers, or drills are entitled to unlimited unpaid leave and reinstatement to their former or a higher position with the same seniority and vacation benefits. Employer may not dissuade employees from enlisting in state or national military forces by threatening economic reprisal.

Arkansas

Ark. Code Ann. § 12-62-413

Employees called to active state duty as a member of the armed forces (which includes the National Guard, militia, and reserves) of Arkansas or any other state have the same leave and reinstatement rights and benefits guaranteed under USERRA.

California

Cal. Mil. & Vet. Code §§ 394, 394.5, 395.06

Members of the California National Guard called to active duty are entitled to unlimited unpaid leave and reinstatement to their former position or to a position of similar seniority, status, and pay without loss of retirement or other benefits, unless the employer’s circumstances have so changed as to make reinstatement impossible or unreasonable. Employee must apply for reinstatement within 40 days of discharge, and cannot be terminated without cause for one year. Employees in the U.S. armed forces reserves, National Guard, or Naval Militia are entitled to 17 days’ unpaid leave per year for military training, drills, encampment, naval cruises, special exercises, or similar activities. Employer may not terminate employee or limit any benefits or seniority because of a temporary disability resulting from duty in the National Guard or Naval Militia (up to 52 weeks). Employer cannot discriminate against employee because of membership in the military services.

Colorado

Rev. Stat. §§ 28-3-609, 28-3-610.5

Employees who are members of Colorado National Guard or U.S. armed forces reserves are entitled to 15 days’ unpaid leave per year for training and reinstatement to their former or a similar position with the same status, pay, and seniority. Employees called to active state service in the Colorado National Guard are entitled to unlimited unpaid leave and reinstatement to their former or comparable position, with the pay, seniority, and benefits the employee would have had if not absent for service.

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