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USERRA: North Carolina

USERRA requirements for other states

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

Authors: Amie Flowers Carmack and Bridget A. Blinn-Spears, K&L Gates LLP

Summary

  • North Carolina law gives employees the right to take some types of military leave. See North Carolina Military Leave.
  • North Carolina law prohibits an employer from terminating any employee as a result of the employee's performance of any emergency military duty. See Discrimination Against Military Members.
  • Employers are required to provide unpaid leave for members of the North Carolina National Guard, and employers are prohibited from refusing to employ, reemploy or promote members of the National Guard based upon that membership. See Private Employers.
  • State employees are entitled to leaves of absence for short periods of time for military duty, emergency management services, or short periods of military training, without loss of pay, time, or efficiency rating. See Public Employers.
  • Both public and private employers, as well as individuals (including but not limited to business owners and managers in their individual capacities) are prohibited from, among other things, discriminating against any individual with respect to application for employment, employment, position or status, due to membership in the military forces of either North Carolina or the US. See Discrimination Against Military Members.