unraveling the mystery of military status & userra

Unraveling the Mystery of Military Status & USERRA

Scotty Allen, Managing AttorneyMilitary Legal Assistance Team

(573) [email protected]

Scotty AllenMLAT Managing Attorney

• 26 ½ Years Service• Active, Reserve,

Guard• Army Field Artillery

• 1989 – 2000 • Air Force JAG

• 2000 – 2015

MLAT Services• Legal representation to assist qualifying servicemembers

in asserting their rights under federal and state law.• Combatting predatory commercial practices which

target military personnel and veterans.• Educating the public on the military and the legal

protections available to them.• Legal assistance clinics for veterans and retirees.

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Outline• Introduction to the U.S. Military• Guard/Reserve Status• Definitions• Application: The Uniformed Services

Employment & Reemployment Rights Act (USERRA)

Brace Yourself, We Are Going Down in the Weeds…..

The U.S. Military5 USC §102•The military departments are:

• The Department of the Army;• The Department of the Navy; and• The Department of the Air Force.

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The U.S. MilitaryPresident

US Const. Art. 2, §1

Secretary of Defense

10 USC §113

Secretary of the Army

10 USC §7013

Army Chief of Staff

10 USC §7033

Secretary of the Air Force

10 USC §9013

Air Force Chief of Staff

10 USC §9033

Secretary of the Navy

10 USC §8013

Commandant of the Marine Corps

10 USC §8043

Chief of Naval Operations

10 USC §8033

The U.S. Military10 USC §10101•The reserve components of the armed forces are:

• The Army National Guard of the U.S.;• The Army Reserve;• The Navy Reserve; • The Marine Corps Reserve;• The Air National Guard of the U.S.;• The Air Force Reserve; and• The Coast Guard Reserve.

The U.S. Military

A r m y

10 USC §§7001 -7842

Army Reserves

10 USC §10104

Army National Guard

10 USC §§10105 –10107 , T i t l e 32 , state

law

Air Force

10 USC §§9011 -9842

Air Force Reserves

10 USC §10110Air National Guard

10 USC §§10111 – 10113 , T i t l e 32 , state law

Department of the Navy

10 USC §§8001 -8951

Navy

10 USC §§8001 -8038

Naval Reserves

10 USC §10108

Coast Guard & Reserves

Title 14, 10 USC §10114

Marine Corps

10 USC §§8041 –8047 , 8063

Marine Corps Reserves

10 USC §10109

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The U.S. Military10 USC §10102•The purpose of the reserve components is to:

• Provide trained units and qualified persons available for active duty in the armed forces, in time of war or national emergency, and at such other times as the national security may require, to fill the needs of the armed forces whenever more units and persons are needed than are in the regular components.• Reality = the Guard & Reserve are no longer the B-

Team!

The U.S. MilitaryTotal Reserves and National Guard (Air National Guard, Air Force Reserves, Army National Guard, Army

Reserves, Coast Guard Reserves, Marine Corps Reserves, & Navy Reserves)

10 USC §10141

Standby Reserves

10 USC §§10151 – 10153Activations: 10 USC §§12301 & 12306

Ready Reserves

10 USC §10142 – 10150

Activations: 10 USC §§12301, 12302 & 12304

Individual Ready Reserves

10 USC §10144

Inactive National Guard

10 USC §10144, 32 USC §303

Selected Reserves

10 USC §10143

32 USC §502(a)

Retired Reserves

10 USC §10154

The Ready Reserve•The primary manpower tool of the reserve components. Typically, members of the Ready Reserves will be activated before members of the Standby Reserves or the Retired Reserve.

• Comprised of the Selected Reserves, the Individual Ready Reserve, and the Inactive National Guard.• Statutory Authority = 10 USC §§10142 – 10150 • Activation Authority = 10 USC §§12301, 12302 &

12304

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10 USC §10141

Standby Reserves


Ready Reserves

10 USC §10142 – 10150

Activations: 10 USC §§12301, 12302 & 12304


10 USC §10144


10 USC §10144, 32 USC §303

Selected Reserves

10 USC §10143

32 USC §502(a)

Retired Reserves

10 USC §10154

The Selected Reserve•So essential to initial wartime missions that they take priority over all other Reserves.

• Comprised of reserve units, individual reservists, and in the case of the Army and Air Force, National Guard units.

• These are the people that you think of when you think of reservists/guardsmen – “one weekend a month, two weeks in the summer”.• Statutory Authority = 10 USC §§10143 • Activation Authority = 10 USC §§12301, 12302, 12304,

12406, 12503, & 32 USC §§112, 115 & 502.

The Selected ReserveTraditional Guardsman/Reservist (Category A):• 48 IDTs (or UTAs)

• 2 IDTs per day, so 24 days per year (e.g., typically one weekend per month)

• Annual Tour (AT)• 12 to 14 days (typically consecutive)

• Training is scheduled by the unit of assignment

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The Selected ReserveIndividual Mobilization Augmentee (IMA) (Category B):• Assigned against active duty positions• 24 IDTs

• 2 IDTs per day, so 12 days per year (usually weekdays)• Can work additional days, if desired by the unit of the assignment

• Annual Tour (AT)• 12 to 14 days (typically consecutive)

• Flexible training schedule, but is often short notice• Reassigned just like active duty

The Selected ReserveParticipating Individual Ready Reserve (PIRR) (Category E):• Train for promotion points only (no pay)• No set number of IDTs• No Mandatory Annual Tour (AT)• Still need 50 points to achieve a “good” retirement year • Flexible training schedule• Remain promotion eligible

The Selected ReserveCategory B & E Participation Requirements: 10 USC §12732 – 33 • Fiscal Year Points Requirement

• October 1 – September 30:• Perform one annual tour• Perform 24 IDTs (12 Duty Days)

• Retention Year Points Requirements• 12 month consecutive period based on date of entry:

• Must obtain 50 points per retention year• 24 IDTs + 12 days of AT = 36 pts + 15 membership pts = 51

• Current cap on annual service = 130 days

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The Selected Reserve



10 USC §10141

Standby Reserves


Ready Reserves

10 USC §10142 – 10150

Activations: 10 USC §§12301, 12302 & 12304


10 USC §10144


10 USC §10144, 32 USC §303

Selected Reserves

10 USC §10143

32 USC §502(a)

Retired Reserves

10 USC §10154

The Individual Ready Reserve•A manpower pool primarily composed of individuals (not units) who have already received military training, either in the Active Component or in the Selected Reserve.

• May be required to train, but DoD does not currently require it. Individuals may also volunteer for training; e.g., Participating IRR, Category E.

• Reservists only – no Guardsmen.• Statutory Authority = 10 USC §§10144 • Activation Authority = 10 USC §§12301, 12302 & 12304

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10 USC §10141

Standby Reserves


Ready Reserves

10 USC §10142 – 10150

Activations: 10 USC §§12301, 12302 & 12304


10 USC §10144


10 USC §10144, 32 USC §303

Selected Reserves

10 USC §10143

32 USC §502(a)

Retired Reserves

10 USC §10154

The Inactive National Guard•Essentially, the Guard version of the IRR.

• Army National Guard only – no Air Guard equivalent.• Do not regularly train, but are attached to a unit with

whom they must meet annually.• Statutory Authority = 10 USC §§10144; 32 USC

§303• Activation Authority = 10 USC §§12301 & 12302



10 USC §10141

Standby Reserves


Ready Reserves

10 USC §10142 – 10150

Activations: 10 USC §§12301, 12302 & 12304


10 USC §10144


10 USC §10144, 32 USC §303

Selected Reserves10 USC §10143

32 USC §502(a)

Retired Reserves

10 USC §10154

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The Standby Reserve•Those individuals who have a temporary disability or hardship, or serve in key defense related positions in their civilian jobs.

• Statutory Authority = 10 USC §§10151, 10153 • Activation Authority = 10 USC §§12301 & 12306



10 USC §10141

Standby Reserves


Ready Reserves

10 USC §10142 – 10150

Activations: 10 USC §§12301, 12302 & 12304


10 USC §10144


10 USC §10144, 32 USC §303

Selected Reserves

10 USC §10143

32 USC §502(a)

Retired Reserves

10 USC §10154

The Retired Reserve•Includes:

• Reserve officers and enlisted personnel receiving retired pay as a result of their Reserve or active service; and

• Reserve officers and enlisted personnel transferred to the Retired Reserve after qualifying for Reserve retirement, but not yet receiving retired pay because they have not yet reached the age of 60.• Statutory Authority = 10 USC §§10154 • Activation Authority = 10 USC §§688, 690 & 12301

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The National GuardPresident

Const., Art. 2, §1

Secretary of Defense

10 USC §113

National Guard Bureau

10 USC §§10501 - 10508

Individual State National Guards

GovernorMO Const. Art. IV, §6; §41.120

RSMo.

Adjutant General§41.140 RSMo.

National GuardMO Const. Art. III, §46; Chapter 41,

RSMo.

State Defense Forces§41.490 RSMo.

The National Guard• Can be called to active duty in an exclusively federal status (Title

10), an exclusively state status (Chapter 41, RSMo.), or under State control, but receiving federal pay and benefits (Title 32)• Federal pay, benefits and legal protections are afforded to

Guardsmen in Title 10 status and in Title 32 status.• Title 32 duty includes their drills and AT.

• Guardsmen in State status (Chapter 41, RSMo.) receive whatever pay, benefits and legal protections are provided to them in state law. • Federal law is inapplicable to state status. See 10 USC §12401.

Active Guard & Reserve10 USC §101(d)(6)(A) and 32 USC §709• A member of a reserve component who is on active duty

pursuant to 10 USC §12301(d) or a member of the National Guard on full-time duty pursuant to 32 USC §502(f) and who is performing active Guard and Reserve duty.• Purpose = organizing, administering, recruiting, instructing, or

training the reservists, active duty, DoD civilian employees or foreign military personnel.

• Considered members of the Selected Reserve and therefore must also satisfy those requirements as well.

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Military Technicians10 USC §10216 and 32 USC §709• Army/Air Force full-time personnel who may or may not be “dual

status” personnel.• Dual status = exempt from civil service requirements, but subject to

military personnel requirements.• Duties:

• Organize, administer, instruct and train the Guard; • Maintain equipment of the Guard or the active duty;

• As time allows:• Support the operations of their unit;• Instruct/train active duty, allies, and DoD civilian and contract

employees.

Guard ServiceFederalized Guard: 10 USC §12406• At the discretion of POTUS when:

• The US is invaded;• Rebellion or danger of rebellion; or• When the laws of the US cannot be executed by the regular forces.

Funeral Honors Duty: 32 USC §115g & §41.958 RSMo.• With consent of the member and applicable Governor.• Considered an IDT unless full-time Guard.• Must serve at least two hours in order to receive service credit or

compensation.• §41.530 RSMo. is the state statute by which the Governor acquiesces to

federal activation. §41.550 RSMo. grants service credit for time spent on federal orders.

Guard Service: State Emergency Duty (SED)Invocation: E.O. citing §41.480 RSMo. or Chap. 44, RSMo.• §41.480 RSMo. covers both civil unrest and natural disasters.Pay: §41.430 RSMo.• Same as federal active duty, except E-4 and below receive E-5 max.

rate with dependents pay.Training, Special Duty or Competitions Duty: §41.470• May include any duty specified in Chapters 40 or 41, RSMo.• Specifically invokes the employment protections of §41.490 RSMo.• Specifically excludes public employees from receiving paid time off

from the State under §105.270 RSMo.

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Guard Service: State Emergency Duty (SED)Medical Coverage: Remember – troops are not on federal orders and

therefore do not receive medical care through DoD should they suffer an injury.

• §41.900 RSMo. provides troops with workers’ compensation coverage while on SED.

Guard Service: Drug Interdiction or Counter Drug Activities

Authorization: §41.475 RSMo., 10 USC §284 & 32 USC §112.• Troops are on full-time National Guard duty under 32 USC §502(f).

State Defense Force• Found in Puerto Rico and 22 states, to include Missouri.Organization: §41.110 RSMo.• “Organization, discipline and government of the [SDF] and the rights and benefits

of the members thereof shall be the same as prescribed by this act for the organized Missouri state defense force and for the National Guard and Air National Guard with such general exceptions as the governor, upon the recommendation of the military council, shall authorize.”• There is no legal authority defining “organized Missouri state defense force”.• “Military council” is defined at §41.220 RSMo. as consisting of the adjutant general as president of

the council, general officers, the commanding officers of all brigades, wings, or groups, and any other officer or officers the adjutant general may deem desirable or necessary, and an officer appointed by the adjutant general from his office to act as recorder without vote. The senior U.S. Army and Air Force advisors on duty with the organized state militia, the comptroller of the state military forces and the U.S. Property and Fiscal Officer shall be ex officio members without vote.

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State Defense ForceEquipment: §41.450 RSMo.• Armed, uniformed and equipped as prescribed by the Governor.Discipline & Training: §41.460 RSMo.• As prescribed by the Governor.Purpose: §41.490 RSMo.• Augment and backfill for the Army & Air National Guards.• When activated, they can do everything that the Army & Air

National Guards do on SED.• Interesting provision: the Governor has the authority to grant a

discharge for any reason s/he deems sufficient.• So, does that mean lifetime membership?

Getting the Call to Duty

Reserve ActivationInvoluntary Order to Active Duty: 10 USC §12301(a)• “Full Mobilization”• When Congress declares war or a national emergency.

• All reservists and reserve units may be activated.• Duration: the duration of the war or national emergency + 6

months.• Note: Declarations of war have fallen into disfavor in light of

Article 2 of the United Nations Charter.

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Reserve ActivationVoluntary Order to Active Duty: 10 USC §12301(d)• Activation with the consent of the individual service member.

• Capped by available funding and end strength authorizations for the active force.

Reserve ActivationInvoluntary Order to Active Duty: 10 USC §12302• “Partial Mobilization”• When POTUS declares a national emergency.• No congressional approval required.• Used for Desert Storm and Post-9/11 operations.

• Capped at 1 million Selected Reserve and IRR members.• Duration: not longer than 24 consecutive months.

Reserve ActivationInvoluntary Order to Active Duty, Other Than War/National Emergency: 10

USC §12304• “Presidential Reserve Call-up” – no congressional approval required.• When POTUS determines it is necessary to augment the active forces in

support of a named operational mission, or in response to the use/threatened use of a weapon of mass destruction or a terrorist attack that results/could result in “significant loss of life or property”.

• Used for Desert Storm, Haiti (94-96), Bosnia, Kosovo & Iraq (98-03).• Capped at 365 days.• Not for disaster relief.• Capped at 200K troops, of which no more than 30K can be IRR.

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Reserve ActivationInvoluntary Order to Active Duty, Disaster Response Activation: 10

USC §12304(a)• At the request of a governor or territorial chief executive, Sec. Def.

may activate reservists to respond to a domestic emergency or major disaster.• Capped at 120 days.• Ready Reserve units and/or individuals.

• Not necessary for the Guard because governors already have the authority to activate them.

• See 14 USC §712 for similar authority for the Coast Guard.

Reserve ActivationInvoluntary Order to Active Duty, Combatant Command Support

Activation: 10 USC §12304(b)• The Service Secretaries may activate reservists for “preplanned

missions” in support of a combatant command.• Currently used for Kosovo, Multinational Force & Observers (Sinai)

and NCR defense.• Capped at 365 days.• Selected Reserve units, not individuals.• Capped at 60K troops.

Combatant Commands

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Reserve ActivationFuneral Honors Duty: 10 USC §12503• With consent of the member.• Considered an IDT unless on AD.• Must serve at least two hours in order to receive service credit or

compensation.

Coast GuardIntegration into the Navy: 14 USC §3• The Coast Guard shall be a service in the Department of Homeland

Security, except when:• operating as a service in the Navy upon the declaration of war, if

so directed by Congress in the declaration, or upon the direction of the President.

• Recall of retirees possible under 14 USC §§331, 332, 359 & 360.• Reserve activation: 14 USC §712.

So, why does this matter to you?

Because Missouri has a healthy military population.

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2015 Data

What Have Your Clients Been Doing?

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So, why does this matter to you?

Because when it comes to determining the legal rights of military personnel,

status is everything.

Federal Definitions10 USC §101• Armed Forces= Army, Navy, Marine Corps, Air Force and the Coast Guard.• Uniformed Services = the armed forces, the commissioned corps of the

National Oceanic & Atmospheric Administration and the commissioned corps of the Public Health Service.

• Contingency Operation = a military operation that:• That is designated by the Secretary of Defense as an operation in which members of

the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the U.S. or against an opposing military force; or

• That results in the call or order to, or retention on, active duty of members of the uniformed services 10 USC §§688, 12301(a), 12302, 12304, 12304a, 12305, 12406, Chapter 15; or 14 USC §712, or any other provision of law during a war or national emergency declared by Congress or the President.

Federal Definitions10 USC §101• Active Guard & Reserve = a member of a reserve component who is on active

duty pursuant to 10 USC §12301(d) or a member of the National Guard on full-time duty pursuant to 32 USC §502(f) and who is performing active Guard and Reserve duty.

• National Guard = Army & Air National Guard.• That part of the organized militia of the several states and territories, Puerto Rico

& D.C., active and inactive, that:• Is a land/air force;• Is trained, and has its officers appointed, under Article I, §8, cl. 16 of the U.S.

Constitution;• Is organized, armed and equipped, in whole or in part, at federal expense; and• Is federally recognized.

• Collectively referred to as the Army/Air National Guard of the U.S.

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Federal Definitions10 USC §101• Active Duty = full time duty in the active military service of the U.S., to include full

time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Does not include full time National Guard duty.

• Active Service = Service on active duty or full time National Guard duty.• Active Status = Status of a member of a reserve component who is not in the

inactive Guard, on an inactive status list, or in the Retired Reserve.• Full-time National Guard duty = training or other duty, other than inactive duty,

performed by a member of the Army/Air National Guard of the U.S. in the member’s status as a member of a National Guard of a state or territory, Puerto Rico, or D.C., under 32 USC §§316, 502, 503, 504, or 505 for which the member is entitled to pay from the U.S.

Federal Definitions10 USC §101• Active Guard and Reserve Duty = active duty performed by a member of a

reserve component, or full time National Guard duty performed by a member of the Guard pursuant to such an order, for a period of 180 consecutive days or more for the purpose of organizing, administering, recruiting, instructing, or training the reserve components.• Does not include:

• Duty performed as a member of the Reserve Forces Policy Board;• Duty performed as a National Guard property and fiscal officer; • Duty performed for the purpose of interdiction and counter-drug activities

under Title 32;• Duty performed as a general or flag officer; or• Service as a State director of the Selective Service System under Title 50.

Federal Definitions10 USC §101• Inactive-Duty Training = means:

• Duty prescribed for Reserves by the Secretary concerned under 37 USC §206 or any other provision of law; and

• Special additional duties authorized for Reserves by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned. Such term includes those duties when performed by Reserves in their status as members of the National Guard.

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The Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 USC 4301-4335

Basic Protections• Prohibits employment discrimination due in any part to a person’s past,

present, or future military service, status, or obligations;

• Prohibits discrimination or retaliation in employment against any person because such person has exercised a USERRA right;

• Rebuttal presumption of discrimination: 38 USC 4311(c)(1)

Basic Protections• Provides benefits during the performance of military service such as health

plan coverage and other non-seniority benefits (life insurance, holiday pay); and

• Provides for prompt restoration to employment with the pre-service employer as well as restoration of seniority-based benefits.

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Definitions• “Service in the uniformed services” means the performance of

duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty,……. and a period for which a person is absent from employment for the purpose of performing funeral honors duty as authorized by 10 USC §12503 or 32 USC §115.

Definitions• “Uniformed services” means the Armed Forces, the Army

National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, ……. and any other category of persons designated by the President in time of war or national emergency.

Applicability• Applies to any person employed by an employer.

• An employer is any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment opportunities.

• Employee must be a citizen, US national or permanent resident alien.

• Specifically includes the Federal and State governments.

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Employee Requirements• Provide advance notice of upcoming uniformed service;

• Return to work in a timely manner (as determined by length of uniformed service); and

• For a period of more than 30 days, provide documentation upon request to substantiate qualifying service.

• If documentation is unavailable, the employer must reemploy the employee until documentation becomes available.

Restoration Rights Requirements• Employee must have:

• left their job to perform uniformed service;• given their employer advance verbal or written notice of uniformed

service, when possible;• not been released from the military with a disqualifying discharge;• served no more than a cumulative of 5 years in the uniformed service

while employed by the employer; and• apply for restoration within appropriate time limits.

Restoration Rights Requirements• Employer is not required to reemploy a person if:

• the employer’s circumstances have so changed as to make such reemployment impossible or unreasonable;

• accommodating the person’s service-connected disability, or lack of qualifications for a position s/he would have promoted into but for the military service, would impose an undue hardship upon the employer; or

• the nature of the position the person left to perform military service was temporary.

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Restoration Rights Requirements• Position requirements:

• The position they would have held had they not left, if qualified.

• If not qualified for that position, then in the position s/he was in prior to the military service, however……

• The employer is required to make reasonable efforts to qualify the person for the position prior to resorting to this option.

Restoration Rights Requirements• Position requirements:

• Multiple Returning Employees = first out, first back in. Thereafter:• Any other position of like seniority, status and pay. However……• Don’t forget that the requirements for disabled returning employees

still apply.• Note: Special rules apply if the employer is the federal government, see

38 USC 4314 and 5 CFR Part 353.

Returning Employee Rights• Retention of pre-service seniority and accumulation of any such

rights/benefits which would have been accumulated but for the service.

• May use leave during service, but cannot be required to do so.

• Cannot be discharged except for cause:• Within 1 year if service was more than 180 days; or• Within 180 days if service was 30 – 180 days.

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Enforcement• Step 1: Written complaint to the U.S. Department of Labor.• Step 2: DOL investigates allegation(s).

• Step 2a: DOL provides technical assistance to employer upon request.• Step 3: If substantiated, DOL attempts remediation.• Step 4: If remediation fails, DOL issues “right to sue” letter.• Step 5: Lawsuit.

• Employee is not required to go through the process above. They can sue at any time.

• Employee may request the DOL to refer the case to the U.S. Attorney General for representation, but the AG is not obligated to bring suit unless the employer is a government agency.

Protections Under State Law for Military Servicemembers, Chapters 40, 41, 105

and 168 RSMo

State Definitions§41.030.1 RSMo.• Militia = all the active and potential military forces of the state,

whether organized or unorganized.• §41.070 RSMo.: Organized militia = Air/Army National Guard +

Naval militia + State Defense Force, when organized.• §41.070 RSMo.: Unorganized militia = All able-bodied citizens,

residents and applicants, ages 17-64.• There is no legal authority defining “able-bodied”.• People exempt from military service by the laws of the US, ordained ministers, certain church officials, and students training for the ministry are exempt under §41.060 RSMo.

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State Definitions§41.030.2 RSMo.•“Whenever reference is made in the articles of Uniform Code of Military Justice to the ‘military service’ or the ‘Armed Forces’ of the United States the reference is deemed to include the military serviceandmilitiaof this state.”

• There is no legal authority defining what constitutes the “military service” of Missouri.

§41.040 RSMo.•“Military Division of the Executive Department” = the militia, to include the adjutant general and his/her office.

State Definitions§41.160 RSMo.•Duties of the Adjutant General include being “the military secretary and chief of staff to the commander in chief and the administrative head of the military establishment of the state.”

• There is no legal authority defining what constitutes the “military establishment” of Missouri, but there is a document in the State Archives which defines the term to include the Military Council and the MO Army and Air National Guards.

Chapter 40, RSMo• Section 40.490 RSMo

• Members of the state military forces of this state who are ordered to active state duty by the governor, any Missouri employee who is a member of the National Guard of another state and who is called into active state duty by the governor of that state, or any member of any reserve component of the Armed Forces of the United States who is called to active duty shall, upon being relieved from such duty, be entitled to the same reemployment rights provided by Title 38 of the United States Code, the Revised Statutes of Missouri, and all amendments thereto.

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• Prohibits employers from discharging or otherwise hindering employees from service in the organized militia or any other militia.

• Violations of this statute are a misdemeanor.

• Section 41.900 RSMo• Extends workers’ compensation to the organized militia

called to state active duty.


• Public employees who are members of the National Guard or any reserve component of the Armed Forces of the United Statesmust be granted leave to perform military duties without loss of pay, position, seniority, accumulated leave, impairment of performance appraisal, or other rights/benefits of employment.

Chapter 41, RSMoSection 41.946 RSMo

• Excuses members of the National Guard or of any reserve component of the Armed Forces of the United States who are called to full-time active duty in the service of the United States under competent orders from continuing education requirements of his/her trade during the time of their activation.

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• Extends life insurance coverage for public employees who are “members of the United States Armed Forces or the National Guard and who are called to military service under competent orders from the appropriate military authority in time of active armed warfare.”


• Public employees who are “members of the National Guard or of any reserve component of the Armed Forces of the United States” must be granted 120 hours (3 work weeks) of leave to perform military duties/training without loss of pay, position, seniority, accumulated leave, impairment of performance appraisal, or other rights/benefits of employment.

• Makes it a misdemeanor for public employers to discharge/discriminate against members of the organized militia.

• We are here for you too!• Scotty Allen at (573) 751-6733 or [email protected]• http://ago.mo.gov/home/working-for-you/military-legal-

assistance-team

Questions?

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http://ago.mo.gov/home/working

unraveling the mystery of military status & userra

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