Guard and Reserve Members Qualify for Extra Legal Protections

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You may know that active-duty members can receive legal and financial protections under the Servicemembers' Civil Relief Act (SCRA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA). But did you also know that reservists and some National Guard members can receive the same protections when called up to active duty?

What Is the SCRA?

The SCRA applies to members on full-time active duty, reservists on federal active duty, and members of the National Guard on federal orders for more than 30 days under section 502(f) of Title 32 for purposes of responding to a national emergency declared by the president and supported by federal funds.

More details on the SCRA.

The SCRA gives service members and their families many benefits, such as:

What Is the USERRA?

The USERRA entitles service members to return to their civilian employment upon completing their military service and retain the seniority, status and rate of pay that they would have obtained had they remained continuously employed by their civilian employer. Those covered under USERRA include active-duty members, those called to active and inactive duty for training, National Guard duty under federal law, and more.

More details on the USERRA.

Civilian employment covers the private sector, as well as local, state and federal government. You must notify your employer that you are being called to active service, possibly provide your employer a copy of your orders, receive an honorable discharge from your active service and notify your employer that you wish to return to your civilian job within a "reasonable period" of discharge from active service. Reasonable period is normally defined as within two weeks.

Know All Your Legal Rights and Benefits

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