Are there reemployment rights following voluntary military service?
State callups? USERRA applies to voluntary as well as involuntary military service, in peacetime as well as wartime. However, like the VRR law, the USERRA does not apply to state callups of the National Guard for disaster relief, riots, etc. Any protection for such duty must be provided by the laws of the state or territory involved (Section 4303). 4. When is prior notice to the civilian employer required? How is such notice to be given? The person who is performing the service (or an official representative of the uniformed service) must give advance written or verbal notice to the employer. The notice requirement applies to all categories of training or service. Notice is not required if precluded by military necessity or if the giving or such notice is otherwise impossible or unreasonable. A determination of military necessity shall be made pursuant to regulations prescribed by the Department of Defense. It is reasonable to expect that situations where notice is not required will be
