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Title 20

Displaying title 20, up to date as of 9/09/2026. Title 20 was last amended 9/09/2026.
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  1. Title 20 —Employees' Benefits
  2. Chapter IX —Office of the Assistant Secretary for Veterans' Employment and Training Service, Department of Labor
  3. Part 1002 —Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994
  4. Subpart C   View Full Text
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Title 20Employees' BenefitsPart / Section
Chapter IXOffice of the Assistant Secretary for Veterans' Employment and Training Service, Department of Labor1000 – 1099
Part 1002Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 19941002.1 – 1002.314
Subpart CEligibility For Reemployment1002.32 – 1002.139
General Eligibility Requirements for Reemployment1002.32 – 1002.33
§ 1002.32What criteria must the employee meet to be eligible under USERRA for reemployment after service in the uniformed services?
§ 1002.33Does the employee have to prove that the employer discriminated against him or her in order to be eligible for reemployment?
Coverage of Employers and Positions1002.34 – 1002.44
§ 1002.34Which employers are covered by USERRA?
§ 1002.35Is a successor in interest an employer covered by USERRA?
§ 1002.36Can 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?
§ 1002.37Can one employee be employed in one job by more than one employer?
§ 1002.38Can a hiring hall be an employer?
§ 1002.39Are States (and their political subdivisions), the District of Columbia, the Commonwealth of Puerto Rico, and United States territories, considered employers?
§ 1002.40Does USERRA protect against discrimination in initial hiring decisions?
§ 1002.41Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal employment position?
§ 1002.42What rights does an employee have under USERRA if he or she is on layoff, on strike, or on a leave of absence?
§ 1002.43Does an individual have rights under USERRA even if he or she is an executive, managerial, or professional employee?
§ 1002.44Does USERRA cover an independent contractor?
Coverage of Service in the Uniformed Services1002.54 – 1002.62
§ 1002.54Are all military fitness examinations considered “service in the uniformed services?”
§ 1002.55Is all funeral honors duty considered “service in the uniformed services?”
§ 1002.56What types of service in the National Disaster Medical System are considered “service in the uniformed services?”
§ 1002.57Is all service as a member of the National Guard considered “service in the uniformed services?”
§ 1002.58Is service in the commissioned corps of the Public Health Service considered “service in the uniformed services?”
§ 1002.59Are there any circumstances in which special categories of persons are considered to perform “service in the uniformed services?”
§ 1002.60Does USERRA cover an individual attending a military service academy?
§ 1002.61Does USERRA cover a member of the Reserve Officers Training Corps?
§ 1002.62Does 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 Services1002.73 – 1002.74
§ 1002.73Does 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?
§ 1002.74Must 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 Notice1002.85 – 1002.88
§ 1002.85Must the employee give advance notice to the employer of his or her service in the uniformed services?
§ 1002.86When is the employee excused from giving advance notice of service in the uniformed services?
§ 1002.87Is the employee required to get permission from his or her employer before leaving to perform service in the uniformed services?
§ 1002.88Is 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 Service1002.99 – 1002.104
§ 1002.99Is 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?
§ 1002.100Does the five-year service limit include all absences from an employment position that are related to service in the uniformed services?
§ 1002.101Does the five-year service limit include periods of service that the employee performed when he or she worked for a previous employer?
§ 1002.102Does the five-year service limit include periods of service that the employee performed before USERRA was enacted?
§ 1002.103Are 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?
§ 1002.104Is the employee required to accommodate his or her employer's needs as to the timing, frequency or duration of service?
Application for Reemployment1002.115 – 1002.123
§ 1002.115Is 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?
§ 1002.116Is 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?
§ 1002.117Are there any consequences if the employee fails to report for or submit a timely application for reemployment?
§ 1002.118Is an application for reemployment required to be in any particular form?
§ 1002.119To whom must the employee submit the application for reemployment?
§ 1002.120If 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?
§ 1002.121Is the employee required to submit documentation to the employer in connection with the application for reemployment?
§ 1002.122Is the employer required to reemploy the employee if documentation establishing the employee's eligibility does not exist or is not readily available?
§ 1002.123What documents satisfy the requirement that the employee establish eligibility for reemployment after a period of service of more than thirty days?
Character of Service1002.134 – 1002.138
§ 1002.134What type of discharge or separation from service is required for an employee to be entitled to reemployment under USERRA?
§ 1002.135What types of discharge or separation from uniformed service will make the employee ineligible for reemployment under USERRA?
§ 1002.136Who determines the characterization of service?
§ 1002.137If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?
§ 1002.138If 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 Defenses1002.139
§ 1002.139Are 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?
eCFR Content