Missouri has enacted House Bill 2593, a broad military affairs bill that includes amends state law governing the reemployment rights of service members returning from military service, extends certain protections traditionally available under the federal Servicemembers Civil Relief Act (SCRA), and creates new enforcement mechanisms for affected service members. The changes become effective August 28, 2026.
State Active Duty Service Members Gain Additional Legal Protections
Prior law provided reemployment rights for members of Missouri’s state military forces who were called to active duty. HB 2593 expands those protections by granting additional rights to:
- Missouri National Guard members called to state active duty by the Governor or Adjutant General for more than 30 consecutive days; and
- Missouri employees who are members of another state’s National Guard and are called to active state duty by that state’s Governor or Adjutant General for more than 30 consecutive days.
Servicemembers Civil Relief Act Protections Extended to State Active Duty
The most significant change in Section 40.490 extends protections typically associated with the federal Servicemembers Civil Relief Act (SCRA) to covered National Guard members serving extended periods of state active duty.
Upon being released from qualifying state active duty, affected service members will be entitled to the rights and protections provided under the federal SCRA, a law that generally provides legal and financial protections for military personnel.
The legislature described the amendment as extending federal protections historically available to federal servicemembers to certain National Guard members serving under state active duty orders.
New Private Right of Action Created
HB 2593 also creates new enforcement mechanisms.
Under the amended statute, a Missouri National Guard member, or a Missouri employee who serves in another state’s National Guard, may bring a lawsuit in a court of competent jurisdiction if they believe their rights under Section 40.490 have been violated.
Attorney General Authorized to Sue Employers
In addition to individual lawsuits, the law expressly authorizes the Missouri Attorney General to bring suit against employers that violate the protections contained in Section 40.490 of the state law governing the reemployment rights.
The Attorney General was already charged with enforcing certain reemployment rights, but the amendment expressly provides authority to bring legal action against employers that violate the statute.
Reemployment Rights Remain Protected
The amended law continues to provide that covered service members who are relieved from qualifying military duty are entitled to the same reemployment rights afforded under federal law, including protections generally associated with the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Employers Impacted
The amendments are particularly relevant for Missouri employers that employ:
- Members of the Missouri National Guard;
- Employees who serve in another state’s National Guard; or
- Reservists subject to active duty obligations.
Employer Takeaway
Beginning August 28, 2026, Missouri employers should be aware that National Guard members serving more than 30 consecutive days of state active duty may be entitled to additional statutory protections. Employers should review military leave, reemployment, and leave-of-absence policies to ensure compliance and recognize that violations may now be enforced not only by affected employees, but also by the Missouri Attorney General.