Does USERRA apply to “state” military duty or governor call-ups of National Guard members?
No. However, protection for such duty is generally provided by state statutes and in most instances is comparable to protections provided under the USERRA. 5. When should an employee provide notification of upcoming duty? Written or oral notification must be made to employers prior to going on duty, unless precluded by military necessity. Employees are highly encouraged to notify their employer of any “window” of anticipated military activity, when application for orders is made, or if notified of possible involuntary recall. Employees should be sensitive to employer scheduling requirements when providing notification and when submitting application to the unit commander for orders. Where possible, an employee should submit requests for orders during calendar periods outside of peak business seasons and not during the most popular vacation cycles. 6. Does an employee have reinstatement rights following voluntary military service? Yes. There is no longer any differentiation between volu
