Military leave - Missouri

Summary of differences between federal and state regulations

The Uniformed Services Employment and Reemployment Rights Act (USERRA) does not provide protection to members of the National Guard serving the states, nor do such members receive the protections of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) (which was re-written in 2003 as the Servicemembers Civil Relief Act) when in state (rather than federal) service. The state protections listed below are in addition to protections under federal laws.

No person shall discriminate against any member of the organized militia or of the armed forces of the United States because of such membership.

No employer or other person shall discharge any person from employment because of being a member of the organized militia of this state or hinder or prevent him from performing any service he may be called upon to perform, or dissuade any person from enlistment in the organized militia by threat or injury in respect to his employment, trade or business.

Members of the state military forces of Missouri 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 must, 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. The attorney general shall enforce the reemployment rights contained in this section for members of the state military forces who are ordered to active state duty by the governor.

[Editor’s note: bold text effective 8/28/17]

State

Contacts

State Attorney General

www.ago.mo.gov

Regulations

Missouri Revised Statutes, Chapter 40, Military Justice, §40.490 Reemployment rights of persons ordered to active duty

Missouri Revised Statutes, Chapter 41, Military Forces, Section 41.730, Militia, discrimination and interference with prohibited—penalty.

Federal

Contacts

DOL’s Veterans’ Employment and Training Service (VETS)

Veterans’ Employment and Training Service (VETS)
200 Constitution Avenue, NW
Room S-1325
Washington, D.C. 20210
Phone: 1-866-4-USA-DOL (1-866-487-2365) or 202-693-4770

Website: www.dol.gov/vets/

Regulations

5 CFR Part 353 Restoration to Duty from Uniformed Service or Compensable Injury

20 CFR Part 1002 Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994