USERRA and the National Guard

[CommunityEditor]

Q: Are state call-ups of National Guard members protected under USERRA?
A: No. USERRA does not apply to “state” military duty or governor call-ups of National Guard members. USERRA defines military service as the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes: active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard, for an examination to determine their fitness for service, or for the purpose of performing funeral honors duty as authorized by Section 12503 of Title 10 or Section 115 of Title 32 of the U.S. Code.

However, most states have laws that offer protection for state military service, and in most instances those laws are comparable to protections provided under USERRA. In fact, some state laws go even further than the federal law to protect service men and women while engaged in state military service.


See what other questions were asked and answered: http://www.militarytimes.com/communi...serra_070702w/