Subpart C. Subpart C—Eligibility For Reemployment

• General Eligibility Requirements for Reemployment

  • SECTION § 1002.32 - What criteria must the employee meet to be eligible under USERRA for reemployment after service in the uniformed services?
  • SECTION § 1002.33 - Does the employee have to prove that the employer discriminated against him or her in order to be eligible for reemployment?

• Coverage of Employers and Positions

  • SECTION § 1002.34 - Which employers are covered by USERRA?
  • SECTION § 1002.35 - Is a successor in interest an employer covered by USERRA?
  • SECTION § 1002.36 - Can an employer be liable as a successor in interest if it was unaware that an employee may claim reemployment rights when the employer acquired the business?
  • SECTION § 1002.37 - Can one employee be employed in one job by more than one employer?
  • SECTION § 1002.38 - Can a hiring hall be an employer?
  • SECTION § 1002.39 - Are States (and their political subdivisions), the District of Columbia, the Commonwealth of Puerto Rico, and United States territories, considered employers?
  • SECTION § 1002.40 - Does USERRA protect against discrimination in initial hiring decisions?
  • SECTION § 1002.41 - Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal employment position?
  • SECTION § 1002.42 - What rights does an employee have under USERRA if he or she is on layoff, on strike, or on a leave of absence?
  • SECTION § 1002.43 - Does an individual have rights under USERRA even if he or she is an executive, managerial, or professional employee?
  • SECTION § 1002.44 - Does USERRA cover an independent contractor?

• Coverage of Service in the Uniformed Services

  • SECTION § 1002.54 - Are all military fitness examinations considered “service in the uniformed services?”
  • SECTION § 1002.55 - Is all funeral honors duty considered “service in the uniformed services?”
  • SECTION § 1002.56 - What types of service in the National Disaster Medical System are considered “service in the uniformed services?”
  • SECTION § 1002.57 - Is all service as a member of the National Guard considered “service in the uniformed services?”
  • SECTION § 1002.58 - Is service in the commissioned corps of the Public Health Service considered “service in the uniformed services?”
  • SECTION § 1002.59 - Are there any circumstances in which special categories of persons are considered to perform “service in the uniformed services?”
  • SECTION § 1002.60 - Does USERRA cover an individual attending a military service academy?
  • SECTION § 1002.61 - Does USERRA cover a member of the Reserve Officers Training Corps?
  • SECTION § 1002.62 - Does USERRA cover a member of the Commissioned Corps of the National Oceanic and Atmospheric Administration, the Civil Air Patrol, or the Coast Guard Auxiliary?

• Absence From a Position of Employment Necessitated by Reason of Service in the Uniformed Services

  • SECTION § 1002.73 - Does service in the uniformed services have to be an employee's sole reason for leaving an employment position in order to have USERRA reemployment rights?
  • SECTION § 1002.74 - Must the employee begin service in the uniformed services immediately after leaving his or her employment position in order to have USERRA reemployment rights?

• Requirement of Notice

  • SECTION § 1002.85 - Must the employee give advance notice to the employer of his or her service in the uniformed services?
  • SECTION § 1002.86 - When is the employee excused from giving advance notice of service in the uniformed services?
  • SECTION § 1002.87 - Is the employee required to get permission from his or her employer before leaving to perform service in the uniformed services?
  • SECTION § 1002.88 - Is the employee required to tell his or her civilian employer that he or she intends to seek reemployment after completing uniformed service before the employee leaves to perform service in the uniformed services?

• Period of Service

  • SECTION § 1002.99 - Is there a limit on the total amount of service in the uniformed services that an employee may perform and still retain reemployment rights with the employer?
  • SECTION § 1002.100 - Does the five-year service limit include all absences from an employment position that are related to service in the uniformed services?
  • SECTION § 1002.101 - Does the five-year service limit include periods of service that the employee performed when he or she worked for a previous employer?
  • SECTION § 1002.102 - Does the five-year service limit include periods of service that the employee performed before USERRA was enacted?
  • SECTION § 1002.103 - Are there any types of service in the uniformed services that an employee can perform that do not count against USERRA's five-year service limit?
  • SECTION § 1002.104 - Is the employee required to accommodate his or her employer's needs as to the timing, frequency or duration of service?

• Application for Reemployment

  • SECTION § 1002.115 - Is the employee required to report to or submit a timely application for reemployment to his or her pre-service employer upon completing the period of service in the uniformed services?
  • SECTION § 1002.116 - Is the time period for reporting back to an employer extended if the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of service?
  • SECTION § 1002.117 - Are there any consequences if the employee fails to report for or submit a timely application for reemployment?
  • SECTION § 1002.118 - Is an application for reemployment required to be in any particular form?
  • SECTION § 1002.119 - To whom must the employee submit the application for reemployment?
  • SECTION § 1002.120 - If the employee seeks or obtains employment with an employer other than the pre-service employer before the end of the period within which a reemployment application must be filed, will that jeopardize reemployment rights with the pre-service employer?
  • SECTION § 1002.121 - Is the employee required to submit documentation to the employer in connection with the application for reemployment?
  • SECTION § 1002.122 - Is the employer required to reemploy the employee if documentation establishing the employee's eligibility does not exist or is not readily available?
  • SECTION § 1002.123 - What documents satisfy the requirement that the employee establish eligibility for reemployment after a period of service of more than thirty days?

• Character of Service

  • SECTION § 1002.134 - What type of discharge or separation from service is required for an employee to be entitled to reemployment under USERRA?
  • SECTION § 1002.135 - What types of discharge or separation from uniformed service will make the employee ineligible for reemployment under USERRA?
  • SECTION § 1002.136 - Who determines the characterization of service?
  • SECTION § 1002.137 - If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?
  • SECTION § 1002.138 - If the employee receives a retroactive upgrade in the characterization of service, will that entitle him or her to claim back wages and benefits lost as of the date of separation from service?

• Employer Statutory Defenses

  • SECTION § 1002.139 - Are there any circumstances in which the pre-service employer is excused from its obligation to reemploy the employee following a period of uniformed service? What statutory defenses are available to the employer in an action or proceeding for reemployment benefits?