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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 21 : Labor

Chapter 005 : EMPLOYMENT PRACTICES

Subchapter 005 : EMPLOYMENT RIGHTS FOR RESERVE AND NATIONAL GUARD MEMBERS

(Cite as: 21 V.S.A. § 491)
  • § 491. Absence on military service and training; employment and reemployment rights

    (a)(1) Any duly qualified member of the Reserve Components of the U.S. Armed Forces, of the Ready Reserve, or an organized unit of the Vermont National Guard or the National Guard of another state shall, when called to state or federal service, receive the same benefits, privileges, and protections in employment regardless of the activation authority or location of service.

    (2)(A) Upon request, a duly qualified member of the Reserve Components of the U.S. Armed Forces, of the Ready Reserve, or the Vermont National Guard or the National Guard of another state shall be entitled to a leave of absence to engage in military drill, training, or other temporary duty pursuant to state or federal military orders.

    (B) A member of the Vermont National Guard or the National Guard of any state or territory who is ordered to state active duty shall be subject to the requirements of and entitled to the rights, privileges, benefits, and protections provided by the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301-4335.

    (C) A leave of absence shall be with or without pay as determined by the employer.

    (b) A member of or an applicant for membership in the National Guard in either federal or state status as defined in 20 V.S.A. §§ 366 and 601 shall not be denied initial employment, reemployment, retention of employment, promotion, or any benefit of employment by an employer on the basis of membership, application for membership, performance of service, application for service, or obligation to serve.

    (c) An employer shall not discriminate in employment against any person because a person has taken any of the following actions:

    (1) enforcement of a provision of this subchapter or federal law;

    (2) testified or made a statement in connection with any proceeding under this subchapter or under federal law;

    (3) assisted or participated in any investigation under this subchapter or federal law; or

    (4) exercised any right provided by this subchapter or under federal law. (Amended 1999, No. 138 (Adj. Sess.), § 6; 2007, No. 44, § 1; 2015, No. 121 (Adj. Sess.), § 1; 2021, No. 10, § 72.)