Employees in Nevada who are also members of the state or National Guard or reserves might have to leave their regular jobs for military service. If you are called to active duty, you might be absent from your civilian job for months. But while you are gone, a federal law called the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects your job. Nevada has also adopted employment protections for those who need time off for military service.
Federal Law: USERRA
USERRA, a federal law, 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.)
Nevada 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 Nevada and you need time off for service in one of these branches of the U.S. military, you are protected by USERRA.
Nevada law protects members of the state National Guard from employment discrimination. Nevada also prohibits employers from discharging an employee because the employee is called to active duty, assembles for training, participates in field training, or otherwise meets as required for ceremonies, maneuvers, and other military duties.
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 Nevada 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.