Statutes, codes, and regulations
Code of Federal Regulations
Title 20 - EMPLOYEES' BENEFITSChapter IX - OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING SERVICE, DEPARTMENT OF LABORPart 1002 - REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994Subpart C - ELIGIBILITY FOR REEMPLOYMENT
COVERAGE OF EMPLOYERS AND POSITIONS
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?

20 C.F.R. § 1002.41

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Current through April 30, 2024
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?

USERRA rights are not diminished because an employee holds a temporary, part-time, probationary, or seasonal employment position. However, an employer is not required to reemploy an employee if the employment he or she left to serve in the uniformed services was for a brief, nonrecurrent period and there is no reasonable expectation that the employment would have continued indefinitely or for a significant period. The employer bears the burden of proving this affirmative defense.

20 C.F.R. § 1002.41