Utah Re-Enacts and Expands Military Protections

What happened?

On March 18, 2024, Utah re-enacted and expanded its military protections, which require employers of all sizes to provide military leave and other employment rights.

What are the details?

Employers are required to:

• Provide up to 5 years of leave to employees who are members of a reserve component of the U.S. Armed Forces when they are ordered to active duty (including for training), inactive duty training, or state active duty
• Provide employees who are called to service in the Utah National Guard or the Utah State Defense Force with the same rights and protections provided by federal law for employees who are called to federal military service
• Restore these employees to their jobs after their service with the seniority, status, rate of pay, and rate of vacation accrual that they would be entitled to under the Uniformed Services Employment and Reemployment Rights Act (USERRA)

Other changes:

• Added section 39A-3-205 regarding Recruitment and retention bonus assistance for Utah National Guard members, Use and allocation, and Appropriation.
• Added section 39A-9-101 regarding Acceptance of gifts.
• Adds a vehicle for commute and official use for the executive director of the Department of Veterans and Military Affairs.

To see all the changes, please read the amendment provided below:

Source References

• H.B. 245

Business Considerations

• Employers would need to update their military leave policy to reflect these new protections.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.