ISSUE 5

Employment protections during state-sponsored activation

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Key message
State statutes that cover Guard members during state-sponsored mobilizations impact employers within the state. States can modify their statutes to strengthen enforcement mechanisms for members of the National Guard returning to jobs in their affiliated state and protect the employment rights of members of the National Guard who are employed outside of their affiliated state at the time of state-sponsored activations.

Discussion points

The Uniformed Services Employment and Reemployment Rights Act (USERRA)1 does not apply when a National Guard member is called up by their governor to serve state active duty to respond to state emergencies such as fires, hurricanes, tornadoes, floods, etc.

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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.