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USERRA: Utah

USERRA requirements for other states

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

Author: Elizabeth Dunning, William Dabney, Holland & Hart, LLP.

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. Among other things, USERRA requires employers to reinstate employees returning from military leave and to train or otherwise qualify returning employees. See Utah Military Leave.
  • Utah law will apply in instances where it provides greater benefits, protections and/or rights than federal law. See Utah Military Leave.
  • A Utah employer may not terminate the employment of a member of the armed forces reserves because the member is ordered to active duty or service. Any employer violating this requirement is guilty of a misdemeanor, and is subject to penalties and damages, and must offer full reinstatement. See All Employers.
  • Public employees returning from military duty are provided with further rights and benefits with respect to leaves of absence, job restoration and benefits. See Public Employers.