20 C.F.R. § 1002.32

Current through April 30, 2024
Section 1002.32 - What criteria must the employee meet to be eligible under USERRA for reemployment after service in the uniformed services?
(a) In general, if the employee has been absent from a position of civilian employment by reason of service in the uniformed services, he or she will be eligible for reemployment under USERRA by meeting the following criteria:
(1) The employer had advance notice of the employee's service;
(2) The employee has five years or less of cumulative service in the uniformed services in his or her employment relationship with a particular employer;
(3) The employee timely returns to work or applies for reemployment; and,
(4) The employee has not been separated from service with a disqualifying discharge or under other than honorable conditions.
(b) These general eligibility requirements have important qualifications and exceptions, which are described in detail in §§ 1002.73 through 1002.138 . If the employee meets these eligibility criteria, then he or she is eligible for reemployment unless the employer establishes one of the defenses described in § 1002.139 . The employment position to which the employee is entitled is described in §§ 1002.191 through 1002.199 .

20 C.F.R. §1002.32