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USERRA: New Mexico

USERRA requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Matthew C. Sanchez and Barbara G. Stephenson, Sheehan & Sheehan, PA

Summary

  • The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides leave rights for public and private employees with military obligations. See New Mexico Military Leave
  • New Mexico's Reemployment of Persons In Armed Forces Act (the Act) is New Mexico's version of USERRA, which supplements the provisions and protections afforded to eligible employees under USERRA. See New Mexico Military Leave.
  • Employee eligibility under New Mexico's Act is slightly different than under USERRA. See New Mexico Military Leave.
  • An employer violating the Act may be forced to restore the employee to his or her position and compensate the employee for lost wages. See New Mexico's Reemployment of Persons In Armed Forces Act.
  • New Mexico law also provides certain paid leave to qualifying public employees for service in organized military units, including regular military, reserves/national guard, or a state defense force organized by the governor. See Other Military Leave Protections.