Subpart E. Subpart E—Reemployment Rights and Benefits

• Prompt Reemployment

  • SECTION § 1002.180 - When is an employee entitled to be reemployed by his or her civilian employer?
  • SECTION § 1002.181 - How is “prompt reemployment” defined?

• Reemployment Position

  • SECTION § 1002.191 - What position is the employee entitled to upon reemployment?
  • SECTION § 1002.192 - How is the specific reemployment position determined?
  • SECTION § 1002.193 - Does the reemployment position include elements such as seniority, status, and rate of pay?
  • SECTION § 1002.194 - Can the application of the escalator principle result in adverse consequences when the employee is reemployed?
  • SECTION § 1002.195 - What other factors can determine the reemployment position?
  • SECTION § 1002.196 - What is the employee's reemployment position if the period of service was less than 91 days?
  • SECTION § 1002.197 - What is the reemployment position if the employee's period of service in the uniformed services was more than 90 days?
  • SECTION § 1002.198 - What efforts must the employer make to help the employee become qualified for the reemployment position?
  • SECTION § 1002.199 - What priority must the employer follow if two or more returning employees are entitled to reemployment in the same position?

• Seniority Rights and Benefits

  • SECTION § 1002.210 - What seniority rights does an employee have when reemployed following a period of uniformed service?
  • SECTION § 1002.211 - Does USERRA require the employer to use a seniority system?
  • SECTION § 1002.212 - How does a person know whether a particular right or benefit is a seniority-based right or benefit?
  • SECTION § 1002.213 - How can the employee demonstrate a reasonable certainty that he or she would have received the seniority right or benefit if he or she had remained continuously employed during the period of service?

• Disabled Employees

  • SECTION § 1002.225 - Is the employee entitled to any specific reemployment benefits if he or she has a disability that was incurred in, or aggravated during, the period of service?
  • SECTION § 1002.226 - If the employee has a disability that was incurred in, or aggravated during, the period of service, what efforts must the employer make to help him or her become qualified for the reemployment position?

• Rate of Pay

  • SECTION § 1002.236 - How is the employee's rate of pay determined when he or she returns from a period of service?

• Protection Against Discharge

  • SECTION § 1002.247 - Does USERRA provide the employee with protection against discharge?
  • SECTION § 1002.248 - What constitutes cause for discharge under USERRA?

• Pension Plan Benefits

  • SECTION § 1002.259 - How does USERRA protect an employee's pension benefits?
  • SECTION § 1002.260 - What pension benefit plans are covered under USERRA?
  • SECTION § 1002.261 - Who is responsible for funding any plan obligation to provide the employee with pension benefits?
  • SECTION § 1002.262 - When is the employer required to make the plan contribution that is attributable to the employee's period of uniformed service?
  • SECTION § 1002.263 - Does the employee pay interest when he or she makes up missed contributions or elective deferrals?
  • SECTION § 1002.264 - Is the employee allowed to repay a previous distribution from a pension benefits plan upon being reemployed?
  • SECTION § 1002.265 - If the employee is reemployed with his or her pre-service employer, is the employee's pension benefit the same as if he or she had remained continuously employed?
  • SECTION § 1002.266 - What are the obligations of a multiemployer pension benefit plan under USERRA?
  • SECTION § 1002.267 - How is compensation during the period of service calculated in order to determine the employee's pension benefits, if benefits are based on compensation?