Does USERRA protect members of the National Guard who are activated under State law?

No, the Uniformed Services Employment and Reemployment Rights Act (USERRA) applies only when members of the National Guard are activated under Federal authority, generally title 10 or title 32, United States Code. Members of the National Guard activated under State law usually receive USERRA-like protection under the laws of the State involved.

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

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