Who Is Protected by USERRA?

USERRA defines "uniformed services" to include the following organizations:

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. 38 U.S.C. § 4303(16).

Note: Performing national guard duty in state rather than federal service is not covered by USERRA. However, most states have their own version of USERRA which offers similar protection when called up by the state. In Arizona, A.R.S. § 26-167 and § 26-168 set forth the protections available for members of the national guard employed by private employers and by the state.

There are five general tests to establish coverage under USERRA.

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