Quick Hits
- On July 9, 2026, Governor Mike Kehoe signed a law extending legal protections under USERRA to Missouri National Guard members and Missouri employees of other states’ National Guards.
- The law extends the Servicemembers Civil Relief Act (SCRA) to Missouri National Guard members and Missouri employees of other states’ National Guards called to active state duty for more than thirty consecutive days.
- National Guard members who are public employees may take up to 160 hours per year of paid military leave under the new law.
- The law will take effect on August 28, 2026.
Missouri House Bill (HB) 2593 extends the Uniformed Services Employment and Reemployment Rights Act’s (USERRA) protections to members of the Missouri National Guard and Missouri employees who are members of another state’s National Guard, granting them the same reemployment rights that USERRA provides.
HB 2593 also extends SCRA’s protections to members of the Missouri National Guard who are called to active state duty by the governor or adjutant general for a period of more than thirty consecutive days and any Missouri employees who are members of the National Guard of another state and are called to active state duty by the governor or adjutant general of that state for a period of more than thirty consecutive days.
The new law also allows National Guard members who are public employees to take up to 160 hours per federal fiscal year of paid military leave without loss of regular time, pay, regular leave, or efficiency ratings. Previously, the limit was 120 hours.
Members of the Missouri National Guard who are on state active-duty orders for more than thirty days will receive an allowance from the federal government for any premiums for TRICARE or other government-sponsored health insurance programs during the period of active duty.
The Missouri law permits individuals to bring lawsuits for alleged violations. In addition, the Missouri Attorney General’s Office can bring suit against employers.
Under USERRA and the Missouri military leave law, employers are prohibited from discriminating or retaliating against servicemembers for taking military leave. Servicemembers can take a cumulative total of five years of unpaid military leave with a single employer, with certain service types being exempt from this time limit. After military leave ends, employers must permit servicemembers to return to a job with the same level of pay, benefits, and seniority they would have if they did not take leave.
Next Steps
Now is a good time for Missouri employers to consider reviewing their policies and practices regarding military leave and reemployment to ensure compliance with state and federal military leave laws and obligations. Training managers and human resource officers on compliance with USERRA and HB 2593 may help minimize legal risk under state and federal military leave laws.
An Ogletree Deakins podcast titled “The Top 5 USERRA Traps and How to Avoid Them” with Amy Quick Glenos and James A. Patton, Jr., is available here.
Ogletree Deakins’ Military Workforce Practice Group will continue to monitor developments and will post updates on the Leaves of Absence, Military Workforce, and Missouri blogs as additional information becomes available.
Sarah Smith Kuehnel is a shareholder in Ogletree Deakins’ St. Louis and Tampa offices.
This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.
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