Cyber Reserve Members Protected Under USERRA

Effective as of January 24, 2020, when an Ohio Cyber Reserve member is ordered by the governor to perform duties or training under certain state laws, such Cyber Reserve member has the same protections under USERRA as employees who are on active duty. As background, the Ohio legislature passed Ohio Senate Bill 52 in October 2019, creating a civilian cyber force within the Ohio National Guard to respond to cyberattacks.

Per USERRA, if employees take leave to serve in the uniformed services (or any state's organized militia), they are entitled to re-employment rights and continuation of health-care benefits. With this new legislation, Cyber Reserve members who perform duties under certain state laws as ordered by the governor have the same USERRA protections as employees who are on federal active duty.

Employers with employees in Ohio should be sure to comply with USERRA, including its requirements for continuation of health-care benefits, when administering leave related to a Cyber Reserve member fulfilling duties as ordered by the governor.

Senate Bill 52 »