Employment protections during state-sponsored activation

Members of the National Guard who work outside of the state where they mobilize may not have employment protections during a state-sponsored activation.

Many states are strengthening their statutes to protect the re-employment rights of members of their National Guard. Two-thirds of all states in their respective statute currently provide an effective enforcement mechanism. However, only one-third of the states have a state law that includes the seven key words — this state or of any other state — or language sufficient to provide enforceable re-employment rights. This provision will provide protection to a member of the National Guard of another state who holds a civilian job in the state with the desired provision.

Best Practices

For legislative best practices on protecting re-employment rights, view Employment Protections During State-Sponsored Activation Best Practices (PDF).

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Click on the map to view each state's issue status below.

Issue Status Key

The composite rating for this issue is based on the following criteria:

  • Star
    Bill introduced and currently active.
  • Blue square
    State has made movement towards achieving desired outcomes; for example, modified state law to protect employment rights of members of the National Guard who drill outside of the state in which they are employed, during state-sponsored mobilizations.
  • Yellow square
    State has not made changes that move towards achieving desired outcomes.