1. Introduction
    1. What Laws Apply?
      1. Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301-4333 ("USERRA").
      2. USERRA does not preempt any state law that provides greater protection or benefits to employees. 38 U.S. C. §4302. Therefore, state law must always be checked before giving any advice regarding employees entering or returning from military service.
      3. Pennsylvania Military Leave of Absence Act, 51 Pa.C.S.A. §§ 7302-7318 (hereinafter referred to as "Pennsylvania law").
    2. What Do The Laws Require or Prohibit?
      1. Generally, both federal and state law requires employees who either voluntarily enlist or who are called for duty to be given a leave of absence, a guaranteed job upon their return to employment, and certain protections and benefits during their leave and upon their return to work.
      2. Note: Pennsylvania law arguably includes provisions which may provide employees with greater protection or benefits than under USERRA.