What is the law that applies to the job rights for National Guard and Reserve members being called up for active duty?

The law is the Uniformed Services Employment and Reemployment Rights Act (USERRA) 38 U.S.C. 4301-43354. The Department of Labor’s Veterans’ Employment and Training Service (VETS) administers this law.

Note: As an overall matter, employers should be guided in their relationship with their employees by federal, state, and local employment law, and by the company-specific application of these laws as reflected in employee handbooks, manuals, and contracts (including bargaining agreements).

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

Last Reviewed: 08/31/2011

• What notices must be given before an employee is terminated or laid off during a pandemic?
• May employers fire employees (in non-health care sectors) if they refuse to follow the company’s rules to control infection and increase hygienic practices during a pandemic?
• During an flu pandemic, can a healthy employee refuse to come to work, travel, or perform other job duties because of a belief that by doing so, he or she would be at an increased risk of catching the flu?
• An employee was laid off and did not receive his/her last paycheck. What remedies are available?

• Workplace Questions
  • Human Resource Policies
    • Re-employment Rights