Last reviewed October 2026

Does Texas law protect employees called up for Texas National Guard or state active duty?

Short answer: Yes. Texas bars firing a member of any state’s military forces for ordered training or duty, guarantees return to the same job without loss of benefits, and gives state active duty the same protections as federal USERRA.

Texas Government Code 437.204 says an employer may not fire an employee who is a member of the state military forces of Texas or any other state because they were ordered to authorized training or duty. The employee is entitled to return to the same job and may not lose time, efficiency rating, vacation time or ‘any benefit of employment’ because of the absence. The employee must give written or actual notice of intent to return as soon as practicable after release from duty.

Section 437.213 adds that a member of the Texas military forces ordered to state active duty or state training is entitled to the same benefits and protections as people performing federal uniformed service under USERRA (38 U.S.C. 4301 to 4313 and 4316 to 4319), which includes the health-plan continuation section.

A violation is an unlawful employment practice; a complaint can go to the Texas Workforce Commission civil rights division, and section 437.2131 also allows a civil suit.

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