Section 40.490

There are multiple enactments of 40.490

Title V MILITARY AFFAIRS AND POLICE

Chapter 40

Effective - 28 Aug 2026, 3 histories, see footnote   

  40.490.  Reemployment rights of persons ordered to active duty — attorney general to enforce rights — rights of Missouri National Guard called to state active duty. — 1.  Members of the state military forces of this state who are ordered to active state duty by the governor or adjutant general, 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 or adjutant general of that state, or any member of any reserve component of the Armed Forces of the United States who is called to active duty shall, 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 or adjutant general.

  2.  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 shall, upon being relieved from such duty, be entitled to all rights and protections provided by the Servicemembers Civil Relief Act, 50 U.S.C. Section 3901 et seq., and all amendments thereto.

  3.  Any member of the Missouri National Guard and any Missouri employee who is a member of the National Guard of another state may bring suit in any court of competent jurisdiction and appropriate venue if such individual believes that his or her rights under this section have been violated.  The attorney general may also bring suit against an employer who violates the provisions of this section.

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(L. 1984 H.B. 1035 § 136, A.L. 1995 S.B. 207, A.L. 2017 S.B. 108, A.L. 2026 H.B. 2593)