Tips for employers as National Guard members respond to COVID-19, civil unrest

In early June, a record 74,000 National Guard troops were engaged in domestic operations at their governors’ direction, including 39,400 responding to the COVID-19 crisis and more than 31,000 activated in 31 states and the District of Columbia dealing with civil disturbances. Another 28,000 were deployed worldwide. If you have an employee serving in the Guard or another branch of the military, now is a good time to review and prepare for military-related leave and reemployment under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and your state laws.

Who is covered by USERRA

USERRA protects military servicemembers and veterans from employment discrimination based on their service and safeguards their civilian jobs and related benefits upon their return to work. It applies to members of the armed forces, military reserves, National Guard, and commissioned corps of the U.S. Public Health Service, as well as any other category of servicemembers designated by the president in times of war or national emergency.

USERRA applies to all federal, state, and local government employers, private-sector employers, and even foreign companies operating in the United States and its territories, regardless of the number of employees they have. The Act also applies to U.S. employers operating overseas.

Activities covered by USERRA include voluntary or involuntary service for active duty, active and inactive duty for training, National Guard duty under federal law, and a period of time to undergo examination to determine fitness to perform such duties.