Employer obligations under USERRA for employees in the National Guard

Employers across the United States may at some point have employees who serve in the National Guard and are called away for declared emergencies. Such deployments may raise questions about how employers can manage operational needs while also respecting service members’ rights. The primary federal law governing these situations is the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Overview of USERRA

USERRA protects the civilian employment rights of individuals who serve in the uniformed services, including members of the National Guard, Army, Navy, Air Force, Space Force, Coast Guard, Public Health Service, and Reserves.

The law aims to protect employees who leave their civilian jobs for covered military service from disadvantages in employment, hindrances with reemployment upon return from service, and discrimination based on their military service. USERRA broadly applies to both private and public employers.

National Guard service during declared emergencies

National Guard members may be activated under different types of orders for federal service, including for national emergencies declared by the president, triggering USERRA protections. Many states have their own military leave laws comparable to USERRA to protect those in uniformed service. Employers should, therefore, ensure compliance with both federal and state laws.

Employer obligations under USERRA

When an employee is absent for covered military service, employers must meet several key obligations: