8) Included within the covered service is duty performed, regardless of whether it is voluntary or involuntary, while in active duty, active duty for training, as well as inactive duty training, and full-time National Guard duty.
Such service includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, a period for which a person is absent from a position of employment for the purpose of examination to determine the fitness of the person to perform any such duty, and a period for which a person is absent from employment for the purpose of performing authorized funeral honors duty.
Uniformed Services: Refers to the armed forces (Army, Navy, Marine Corps, Air Force, and Coast Guard); the Army and Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty; the commission corps of the Public Health Service, and any other category of people designated by the president in time of war or national emergency.
Service" in the uniformed services is defined as the performance of duty on a voluntary or involuntary basis in a uniformed service, including active duty, active duty for training, initial active duty for training, inactive duty for training, full-time National Guard duty, absence from work for an examination to determine an individual's fitness for any of the named types of duty, funeral honors duty performed by National Guard or reserve members, duty performed by intermittent disaster response personnel for the Public Health Service, and approved training to prepare for such service.
Most military service, whether voluntary or involuntary, qualifies for protection under USERRA, including: active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, any period of absence during which the employee's fitness is being evaluated for duty, and any period of absence during which the employee is performing military funeral honors.