Federal law and guidance on this subject should be reviewed together with this section.
Author: Michelle D. Craig
- An employer cannot discriminate against an employee because of the employee's obligation as a member of the state military forces. See Louisiana's Military Leave.
- Any employee that is called into active duty in the National Guard, state militia, or any branch of the state military forces is entitled to reinstatement to the same or a comparable position with the same seniority, status, benefits and pay after he or she completes service. See Reinstatement.
- If the employee sustains a disability during active duty that makes the employee not qualified for his or her former position, but he or she is otherwise qualified to perform another position, the employer must employ the employee in another or comparable position with like seniority, status, benefits and pay. See Comparable Position.
- The employer's duty to provide a comparable position is absolute unless doing so would pose a direct threat or significant risk to the health and safety of the individual or others that cannot be eliminated by reasonable accommodation.See Comparable Position.
- Employees in the US National Guard or military reserves are entitled to 15 days of paid leave annually for training. See Leaves of Absence for Military Training.