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1.1.3.3 National Guard Service

Feb 19, 2026

  • No. 045 USERRA and SSCRA Coverage for National Guard Members
  • No. 045_Note USERRA/SSCRA
  • No. 0620 USERRA Coverage for National Guard Members Assisting in Border Control Efforts
  • No. 0837 USERRA Coverage for Individuals Performing National Guard AGR Duty
  • No. 09011 Layoffs and the Special Protection Period
  • No. 10020 Progress on Bill Adding an Additional Exemption from the 5-Year Limit
  • No. 10034 National Guard: Yes, Title 32 duty is covered by USERRA
  • No. 10035 The Definition of “Uniformed Services”
  • No. 10089 USERRA Most Definitely Applies to National Guard Members Performing Border Protection Duty
  • No. 10094 Coverage for National Guard Members on State Duty
  • No. 10096 Prior Notice to Civilian Employer – Part 2
  • No. 11031 Not Everything You Do for Your Reserve Component Is Protected by USERRA
  • No. 11075 The National Guard Must Be a Model Employer under USERRA
  • No. 11098 USERRA Protection for National Guard Members
  • No. 11099 Bill Introduced to Expand Exemptions from USERRA’s 5-Year Limit
  • No. 11103 Help! The Army Has Sent Me Home Early!
  • No. 11106 Progress on Exempting Certain National Guard Service From USERRA’s Limit
  • No. 11111 Conflict Between National Guard Drill and Civilian Job
  • No. 12001 Oklahoma Attorney Gets It Wrong on USERRA
  • No. 12047 Minnesota Passes Legislation on USERRA
  • No. 12105 What Are the Reserve Components?
  • No. 13035 Another New and Favorable USERRA Case
  • No. 13044 National Guard Bureau Chief Testifies about Need for Employer Support
  • No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
  • No. 13091 Political Subdivisions of States Do Not Have 11th Amendment Immunity
  • No. 13122 USERRA Protects National Guard Service, Even if SCRA Does Not
  • No. 14002 Ethan Allen is still Rolling over in his Grave
  • No. 14014 National Guard Member Works in another State – Is Her Job Protected When She Is on State Active Duty?
  • No. 14029 DOJ Sues Missouri Adjutant General under USERRA
  • No. 14036 Setback in Effort to Enforce USERRA against States as Employers
  • No. 14044 South Carolina Department of Corrections Fails to Reinstate Health Insurance Coverage of Returning National Guard Member
  • No. 14045 What is an Application for Reemployment?
  • No. 14076 DOJ Sues Adjutant General of Missouri for Violating USERRA and Survives Motion to Dismiss
  • No. 15026 Missouri TAG Settles Case Alleging USERRA Violation
  • No. 15033 Relationship between USERRA and Tennessee Law for Corrections Officers
  • No. 15036 Time off from Work for Short Periods of National Guard Training
  • No. 15037 Reemployment Rights for Wounded Warriors
  • No. 15050 Reemployment Rights as an ANG Technician
  • No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
  • No. 15091 The National Guard Makes up more than Half of Reserve Component Strength
  • No. 15092 2015 New Jersey Military Law Symposium
  • No. 15093 Having a National Guard Member as an Employee Is a Pain, But you Can Handle it.
  • No. 16015 Differential Pay—Don’t Abuse your Employer’s Generosity
  • No. 16018 Favorable Appellate Decision on Section 4311 of USERRA
  • No. 16027 The Employer Has No Right To Demand Documentation for Short Periods of Military Training or Service
  • No. 16031 Sergeant Kelly Hance’s USERRA Saga Continues
  • No. 16034 Enforcing USERRA against State Government Employers—Good News from New Mexico
  • No. 16047 Maryland Law Adds Two Critical Protections For Veterans
  • No. 16049 The Right to 15 Days of Paid Military Leave Applies to Federal Employees, Not Employees of Federal Contractors
  • No. 16061 Reinstatement Rights as a Title 32 AGR after Title 10 Statutory Tour
  • No. 16096 USERRA Overrides the Collective Bargaining Agreement
  • No. 16099 The Client Is Responsible for Court Costs as Incurred
  • No. 16103 Update on Protecting the Civilian Jobs of National Guard Members on State Active Duty
  • No. 17013 Because of NDAA 2017, National Guard Technicians No Longer Receive Paid Military Leave under 5 U.S.C. 6323 while on AGR Duty
  • No. 17050 Yes, AFTPs are Protected by USERRA
  • No. 17072 The Federal Servicemembers Civil Relief Act Does Not Apply to National Guard Members on Full-time National Guard Duty, but such Members May Have SCRA-type Rights under State Law.
  • No. 17081 DOJ Sues City of Glendale for Violating USERRA
  • No. 17084 An Instructive USERRA Case from the Central District of California
  • No. 17092 Applying Section 4318 of USERRA to the Situation of a Returning National Guard Member
  • No. 17093 Reemployment Rights of Texas National Guard Members on Duty for Hurricane Harvey
  • No. 17097 The Escalator Does Not Always Ascend
  • No. 17110 Yes, USERRA Applies to 12304b Duty
  • No. 17113 Using your Vacation Does Not Mean that the Period of Service Does Not Count toward the Five-year Limit
  • No. 18028 USERRA’s Definition of “Uniformed Services”
  • No. 18033 National Guard Technicians Are Precluded from Receiving Paid Military Leave while Performing “Active Guard and Reserve Duty” But Not while Performing Other Kinds of Military Service
  • No. 18041 You Will Not Have the Right to Reemployment if you Leave a Private Sector Job To Become a Temporary Air National Guard Technician
  • No. 18043 Your “Resignation” in 2014, when you Enlisted in the Army, Does Not Defeat your Right to Reemployment in 2018, When you Were Released from Active Duty
  • No. 18044 National Guard Bureau PowerPoint for Training National Guard Technicians Has It Wrong on USERRA
  • No. 18058 Instructive New USERRA Case
  • No. 18100 Look to State Law for Protection of Civilian Jobs of National Guard Members on State Active Duty
  • No. 18110 USERRA’s Escalator Can Descend as well as Ascend
  • No. 19015 Applying USERRA to the National Guard Technician
  • No. 19045 Relationship between USERRA and State Law and Union Agreements
  • No. 19049 National Guard Technicians Are Precluded from Receiving Paid Military Leave under Section 6323 of Title 5 When they Are on Active Guard & Reserve (AGR) Duty But not when they Are on other Forms of Active Duty
  • No. 19054 National Guard Technicians Who Are away from Technician Jobs for Title 10 Active Duty Are Entitled to 15 Days per Year of Paid Military Leave under 5 U.S.C. 6323
  • No. 19056 USERRA Coverage of National Guard Personnel
  • No. 19057 Supreme Court Explains the Hybrid Federal-State Nature of the National Guard
  • No. 19061 National Guard Technicians Are Sometimes Treated Unjustly
  • No. 19074 State Laws Protecting the Civilian Jobs of National Guard Members on State Active Duty—Do they Apply to Federal Employees?
  • No. 19107 Seventh Circuit Reverses the Northern District of Illinois in a USERRA Case
  • No. 20002 Favorable USERRA Decision by the 8th Circuit—Part 1
  • No. 20006 Recent Favorable USERRA Precedent—Part 5 USERRA Rights of Wounded Warriors
  • No. 20007 Important New USERRA Case—Part 1
  • No. 20025 Reemployment Rights after State Active Duty
  • No. 20026 Leave Active Duty and Apply for Reemployment and Return to Work To Obtain Civilian Pension Credit for the Period of Service
  • No. 20030 Right to Paid and Unpaid Military Leave for State and Local Government Employees in Massachusetts
  • No. 20037 USERRA Coverage of National Guard Members
  • No. 20051 Paid Military Leave and Differential Pay for Federal Civilian Employees Who Are Members of the National Guard or Reserve
  • No. 20053 Returning to Work for a Different Federal Agency—Be Sure that you Get USERRA Pension Credit for your Period of Service
  • No. 20059 The USPS and USERRA
  • No. 21002 Congress Expands USERRA Coverage
  • No. 21034 State Active Duty Performed by National Guard Members after 1/5/2021 Is now Protected by USERRA, under most Circumstances
  • No. 21051 Leave Active Duty and Apply for Reemployment before you Exceed the Five-Year Limit To Preserve your Pension
  • No. 21052 Don’t Lambaste the Serial Volunteers, But Don’t Give them all the Duty they Want.
  • No. 21057 USERRA’s Five-Year Limit for the National Guard Member
  • No. 21074 Yes, USERRA Applies to National Guard Member on State Active Duty To Drive School Buses.
  • No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
  • No. 22015 USERRA Was Recently Amended To Make it Apply to State Active Duty Performed by National Guard Members. How Does that Affect USERRA’s Five-Year Limit?
  • No. 22026 Four Distinct Statuses for National Guard Members
  • No. 22043 U.S. Department of Justice Sues the State of Illinois and Obtains an Excellent Settlement the Next Day.
  • No. 22047 Please Do Not Fire the National Guard Technician While He Is on Active Duty.
  • No. 22066 The California State Guard Maritime Component Is Not a “Uniformed Service” for USERRA Purposes, and USERRA Does Not Protect Absence From a Civilian Job for Duty in that Component.
  • No. 22071 You Must Give this National Guard Member a Military Leave of Absence for her MUTA-5 Training.
  • No. 23006 Has ESGR Not Gotten the Word about the 2021 USERRA Amendment?
  • No. 23014 You Can Bring Closely Related State Law Claims along with your Federal USERRA Claim in your Federal Court Lawsuit

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