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District of Columbia
A Compilation of State Military Leave Laws
The teaching point of the sad case from California featured at the end of this introduction is that if you are employed by a state or local government you need to be familiar with the state law concerning paid leave for military service for state and local government employees, and also with the Uniformed Services Employment and Reemployment Rights Act (USERRA). In Law Review 0748 (September 2007), I discussed in detail the New York state law provisions that grant rights to National Guard and Reserve personnel who are employed by the state of New York and its political subdivisions (counties, cities, school districts, etc.).
As a service to all serving Citizen Warriors, we have posted a compilation of the individual states' laws concerning military leave for public employees. These laws run the gamut from generous to stingy.
Section 4302 of USERRA establishes the relationship between USERRA and state laws. USERRA is a floor and not a ceiling on your rights. Section 4302(a) provides that USERRA does not supersede a state law that provides you greater or additional rights.
Section 4302(b) provides that USERRA super-sedes a state law that reduces your USERRA rights or that imposes an addi-tional prerequisite upon the exercise of such rights. In this series of articles, we address the state laws that give you greater or additional rights, especially the right to a limited period of paid military leave for military training or service. We will also address, to the extent feasible, the state laws that are invalid under section 4302(b) because they purport to limit USERRA rights. The collection will grow over time, with additions listed in The Officer, and we welcome inputs from legal experts in individual states.
These articles should be considered as a guide; the information provided through this service is not intended as legal advice. For legal advice, please consult a licensed legal counsel in your state. --SFW