Nebraska Laws on Military Leave

Federal and Nebraska laws protect employees who need time off for military service.

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Employees in Nebraska who are also members of the state or National Guard or reserves might have to leave their regular civilian jobs for military service. If you are called to active duty, you might be absent from your private sector job for months. But while you are gone, a federal law called the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects your job. Nebraska has adopted similar protections for members of the state military.

Federal Law: USERRA

USERRA is a federal law that prohibits discrimination against employees who are in the U.S. Armed Forces, have served in the military, or take leave to serve in the military.

USERRA provides valuable additional protections, too. It requires employers to reinstate employees who take up to five years off for military service, with all of the promotions, raises, and other benefits they would have received had they worked through their time off. And, it prohibits employers from firing employees without cause for up to one year after they return from service. (For more information on USERRA, see Taking Military Leave.)

Nebraska Laws on Military Leave

USERRA protects employees who serve in the United States military, including those who serve in the Army, Navy, Marine Corps, Air Force, Coast Guard, Reserves, Army or Air National Guard, and Commissioned Corps of the Public Health Service. If you work in Nebraska and you need time off for service in one of these branches of the military, you are protected by USERRA.

Nebraska law has adopted the protections available under USERRA, including the right to reinstatement following military leave and the right to be free from discrimination based on military service or affiliation, for members of the Nebraska National Guard who are called to state active duty.

If you have faced discrimination because of your military service, or you have been denied the reinstatement and other rights available to you under USERRA or Nebraska law, check out servicemembers.gov, the Department of Justice's website devoted to enforcing USERRA and other laws that protect the rights of those who serve in the military. You'll also find helpful information at the website of Employer Support for the Guard and Reserve.

by: , J.D.

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