Code of Alabama

Ala. Code § 31-12-2 (2026)

Relation to Federal Law.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) Whenever any active member of the Alabama National Guard, or a member of the national guard of another state who is employed in this state, in time of war, armed conflict, or emergency proclaimed by the Governor or by the President of the United States, shall be called or ordered to state active duty or federally funded duty for other than training, the provisions of the federal Servicemembers Civil Relief Act (SCRA) and the federal Uniformed Services Employment and Reemployment Rights Act shall apply, notwithstanding that the duties are performed while on state active duty status. If a period of active service is required for purposes of these federal laws, that same period of state active duty service shall be required for these provisions to apply.

(b) Those active members as defined in subsection (a) called or ordered to active duty for a period of 30 consecutive days or more shall be eligible for military differential pay pursuant to Section 31-12-5 and restoration of annual or sick leave pursuant to Section 31-12-8.

(Act 2002-430, p. 1123, §2; Act 2017-258, §1; Act 2021-84, §3.)

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Hunter v. Etowah Cnty. Court Referral Prog., LLC, 309 F. Supp. 3d 1154 (N.D. Ala. 2018).
Hunter v. Etowah Cnty. Court Referral Prog., LLC, 309 F. Supp. 3d 1154 (N.D. Ala. 2018). · cites it 2× “In Guy , the district court dealt with a negligent training claim premised upon an Alabama statute- Ala. Code § 31-12-2 -that expressly invokes the federal Uniformed Services Employment and Reemployment Rights Act ("USERRA") as applicable to the Alabama National Guard.”
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