All employees who are members of the Nebraska National Guard or any other reserve component and who participate for up to 15 workdays in drills, encampments, maneuvers, active duty, state active duty, or training, and other exercises prescribed by competent authority, will receive their full pay in addition to their military pay.

  Employees, other than temporary and intermittent, who leave a position to undergo military duty in the active service of the State of Nebraska are entitled to a leave of absence without loss of pay during the first 15 workdays of the leave of absence. This is not in addition to the 15 days mentioned in the paragraph above.

  The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. § 4301 et seq., establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to a 5-year limit. There are important exceptions to the 5-year limit, including initial enlistments lasting more than 5 years, periodic National Guard and Reserve training duty, and involuntary active duty extensions and recalls, especially during a time of national emergency. USERRA clearly establishes that reemployment protection does not depend on the timing, frequency, duration, or nature of an individual’s service as long as the basic eligibility criteria are met.

  Employees are entitled to reinstatement to their former positions with seniority, status, pay, and vacation as if they had not been absent, if application is made within 30 days after release from training or service.

Amended October 23, 2024, effective January 1, 2025.