Title 20

PART 1002

Part 1002 - Regulations Under The Uniformed Services Employment And Reemployment Rights Act Of 1994

PART 1002 - REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 Authority:Section 4331(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4331(a) (Pub. L. 103-353, 108 Stat. 3150). Source:70 FR 75292, Dec. 19, 2005, unless otherwise noted.

20:4.0.5.3.3.1SUBPART A
Subpart A - Introduction to the Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994
20:4.0.5.3.3.1.140SUBJGRP 140
   General Provisions
20:4.0.5.3.3.1.140.1SECTION 1002.1
   1002.1 What is the purpose of this part
20:4.0.5.3.3.1.140.2SECTION 1002.2
   1002.2 Is USERRA a new law
20:4.0.5.3.3.1.140.3SECTION 1002.3
   1002.3 When did USERRA become effective
20:4.0.5.3.3.1.140.4SECTION 1002.4
   1002.4 What is the role of the Secretary of Labor under USERRA
20:4.0.5.3.3.1.140.5SECTION 1002.5
   1002.5 What definitions apply to USERRA
20:4.0.5.3.3.1.140.6SECTION 1002.6
   1002.6 What types of service in the uniformed services are covered by USERRA
20:4.0.5.3.3.1.140.7SECTION 1002.7
   1002.7 How does USERRA relate to other laws, public and private contracts, and employer practices
20:4.0.5.3.3.2SUBPART B
Subpart B - Anti-Discrimination and Anti-Retaliation
20:4.0.5.3.3.2.141SUBJGRP 141
   Protection From Employer Discrimination and Retaliation
20:4.0.5.3.3.2.141.1SECTION 1002.18
   1002.18 What status or activity is protected from employer discrimination by USERRA
20:4.0.5.3.3.2.141.2SECTION 1002.19
   1002.19 What activity is protected from employer retaliation by USERRA
20:4.0.5.3.3.2.141.3SECTION 1002.20
   1002.20 Does USERRA protect an individual who does not actually perform service in the uniformed services
20:4.0.5.3.3.2.141.4SECTION 1002.21
   1002.21 Do the Act's prohibitions against discrimination and retaliation apply to all employment positions
20:4.0.5.3.3.2.141.5SECTION 1002.22
   1002.22 Who has the burden of proving discrimination or retaliation in violation of USERRA
20:4.0.5.3.3.2.141.6SECTION 1002.23
   1002.23 What must the individual show to carry the burden of proving that the employer discriminated or retaliated against him or her
20:4.0.5.3.3.3SUBPART C
Subpart C - Eligibility For Reemployment
20:4.0.5.3.3.3.142SUBJGRP 142
   General Eligibility Requirements for Reemployment
20:4.0.5.3.3.3.142.1SECTION 1002.32
   1002.32 What criteria must the employee meet to be eligible under USERRA for reemployment after service in the uniformed services
20:4.0.5.3.3.3.142.2SECTION 1002.33
   1002.33 Does the employee have to prove that the employer discriminated against him or her in order to be eligible for reemployment
20:4.0.5.3.3.3.143SUBJGRP 143
   Coverage of Employers and Positions
20:4.0.5.3.3.3.143.3SECTION 1002.34
   1002.34 Which employers are covered by USERRA
20:4.0.5.3.3.3.143.4SECTION 1002.35
   1002.35 Is a successor in interest an employer covered by USERRA
20:4.0.5.3.3.3.143.5SECTION 1002.36
   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
20:4.0.5.3.3.3.143.6SECTION 1002.37
   1002.37 Can one employee be employed in one job by more than one employer
20:4.0.5.3.3.3.143.7SECTION 1002.38
   1002.38 Can a hiring hall be an employer
20:4.0.5.3.3.3.143.8SECTION 1002.39
   1002.39 Are States (and their political subdivisions), the District of Columbia, the Commonwealth of Puerto Rico, and United States territories, considered employers
20:4.0.5.3.3.3.143.9SECTION 1002.40
   1002.40 Does USERRA protect against discrimination in initial hiring decisions
20:4.0.5.3.3.3.143.10SECTION 1002.41
   1002.41 Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal employment position
20:4.0.5.3.3.3.143.11SECTION 1002.42
   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
20:4.0.5.3.3.3.143.12SECTION 1002.43
   1002.43 Does an individual have rights under USERRA even if he or she is an executive, managerial, or professional employee
20:4.0.5.3.3.3.143.13SECTION 1002.44
   1002.44 Does USERRA cover an independent contractor
20:4.0.5.3.3.3.144SUBJGRP 144
   Coverage of Service in the Uniformed Services
20:4.0.5.3.3.3.144.14SECTION 1002.54
   1002.54 Are all military fitness examinations considered “service in the uniformed services?”
20:4.0.5.3.3.3.144.15SECTION 1002.55
   1002.55 Is all funeral honors duty considered “service in the uniformed services?”
20:4.0.5.3.3.3.144.16SECTION 1002.56
   1002.56 What types of service in the National Disaster Medical System are considered “service in the uniformed services?”
20:4.0.5.3.3.3.144.17SECTION 1002.57
   1002.57 Is all service as a member of the National Guard considered “service in the uniformed services?”
20:4.0.5.3.3.3.144.18SECTION 1002.58
   1002.58 Is service in the commissioned corps of the Public Health Service considered “service in the uniformed services?”
20:4.0.5.3.3.3.144.19SECTION 1002.59
   1002.59 Are there any circumstances in which special categories of persons are considered to perform “service in the uniformed services?”
20:4.0.5.3.3.3.144.20SECTION 1002.60
   1002.60 Does USERRA cover an individual attending a military service academy
20:4.0.5.3.3.3.144.21SECTION 1002.61
   1002.61 Does USERRA cover a member of the Reserve Officers Training Corps
20:4.0.5.3.3.3.144.22SECTION 1002.62
   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
20:4.0.5.3.3.3.145SUBJGRP 145
   Absence From a Position of Employment Necessitated by Reason of Service in the Uniformed Services
20:4.0.5.3.3.3.145.23SECTION 1002.73
   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
20:4.0.5.3.3.3.145.24SECTION 1002.74
   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
20:4.0.5.3.3.3.146SUBJGRP 146
   Requirement of Notice
20:4.0.5.3.3.3.146.25SECTION 1002.85
   1002.85 Must the employee give advance notice to the employer of his or her service in the uniformed services
20:4.0.5.3.3.3.146.26SECTION 1002.86
   1002.86 When is the employee excused from giving advance notice of service in the uniformed services
20:4.0.5.3.3.3.146.27SECTION 1002.87
   1002.87 Is the employee required to get permission from his or her employer before leaving to perform service in the uniformed services
20:4.0.5.3.3.3.146.28SECTION 1002.88
   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
20:4.0.5.3.3.3.147SUBJGRP 147
   Period of Service
20:4.0.5.3.3.3.147.29SECTION 1002.99
   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
20:4.0.5.3.3.3.147.30SECTION 1002.100
   1002.100 Does the five-year service limit include all absences from an employment position that are related to service in the uniformed services
20:4.0.5.3.3.3.147.31SECTION 1002.101
   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
20:4.0.5.3.3.3.147.32SECTION 1002.102
   1002.102 Does the five-year service limit include periods of service that the employee performed before USERRA was enacted
20:4.0.5.3.3.3.147.33SECTION 1002.103
   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
20:4.0.5.3.3.3.147.34SECTION 1002.104
   1002.104 Is the employee required to accommodate his or her employer's needs as to the timing, frequency or duration of service
20:4.0.5.3.3.3.148SUBJGRP 148
   Application for Reemployment
20:4.0.5.3.3.3.148.35SECTION 1002.115
   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
20:4.0.5.3.3.3.148.36SECTION 1002.116
   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
20:4.0.5.3.3.3.148.37SECTION 1002.117
   1002.117 Are there any consequences if the employee fails to report for or submit a timely application for reemployment
20:4.0.5.3.3.3.148.38SECTION 1002.118
   1002.118 Is an application for reemployment required to be in any particular form
20:4.0.5.3.3.3.148.39SECTION 1002.119
   1002.119 To whom must the employee submit the application for reemployment
20:4.0.5.3.3.3.148.40SECTION 1002.120
   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 empl
20:4.0.5.3.3.3.148.41SECTION 1002.121
   1002.121 Is the employee required to submit documentation to the employer in connection with the application for reemployment
20:4.0.5.3.3.3.148.42SECTION 1002.122
   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
20:4.0.5.3.3.3.148.43SECTION 1002.123
   1002.123 What documents satisfy the requirement that the employee establish eligibility for reemployment after a period of service of more than thirty days
20:4.0.5.3.3.3.149SUBJGRP 149
   Character of Service
20:4.0.5.3.3.3.149.44SECTION 1002.134
   1002.134 What type of discharge or separation from service is required for an employee to be entitled to reemployment under USERRA
20:4.0.5.3.3.3.149.45SECTION 1002.135
   1002.135 What types of discharge or separation from uniformed service will make the employee ineligible for reemployment under USERRA
20:4.0.5.3.3.3.149.46SECTION 1002.136
   1002.136 Who determines the characterization of service
20:4.0.5.3.3.3.149.47SECTION 1002.137
   1002.137 If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored
20:4.0.5.3.3.3.149.48SECTION 1002.138
   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
20:4.0.5.3.3.3.150SUBJGRP 150
   Employer Statutory Defenses
20:4.0.5.3.3.3.150.49SECTION 1002.139
   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 ree
20:4.0.5.3.3.4SUBPART D
Subpart D - Rights, Benefits, and Obligations of Persons Absent from Employment Due to Service in the Uniformed Services
20:4.0.5.3.3.4.151SUBJGRP 151
   Furlough and Leave of Absence
20:4.0.5.3.3.4.151.1SECTION 1002.149
   1002.149 What is the employee's status with his or her civilian employer while performing service in the uniformed services
20:4.0.5.3.3.4.151.2SECTION 1002.150
   1002.150 Which non-seniority rights and benefits is the employee entitled to during a period of service
20:4.0.5.3.3.4.151.3SECTION 1002.151
   1002.151 If the employer provides full or partial pay to the employee while he or she is on military leave, is the employer required to also provide the non-seniority rights and benefits ordinarily granted to similarly situated employees on furlough or lea
20:4.0.5.3.3.4.151.4SECTION 1002.152
   1002.152 If employment is interrupted by a period of service in the uniformed services, are there any circumstances under which the employee is not entitled to the non-seniority rights and benefits ordinarily granted to similarly situated employees on furl
20:4.0.5.3.3.4.151.5SECTION 1002.153
   1002.153 If employment is interrupted by a period of service in the uniformed services, is the employee permitted upon request to use accrued vacation, annual or similar leave with pay during the service? Can the employer require the employee to use accrue
20:4.0.5.3.3.4.152SUBJGRP 152
   Health Plan Coverage
20:4.0.5.3.3.4.152.6SECTION 1002.163
   1002.163 What types of health plans are covered by USERRA
20:4.0.5.3.3.4.152.7SECTION 1002.164
   1002.164 What health plan coverage must the employer provide for the employee under USERRA
20:4.0.5.3.3.4.152.8SECTION 1002.165
   1002.165 How does the employee elect continuing health plan coverage
20:4.0.5.3.3.4.152.9SECTION 1002.166
   1002.166 How much must the employee pay in order to continue health plan coverage
20:4.0.5.3.3.4.152.10SECTION 1002.167
   1002.167 What actions may a plan administrator take if the employee does not elect or pay for continuing coverage in a timely manner
20:4.0.5.3.3.4.152.11SECTION 1002.168
   1002.168 If the employee's coverage was terminated at the beginning of or during service, does his or her coverage have to be reinstated upon reemployment
20:4.0.5.3.3.4.152.12SECTION 1002.169
   1002.169 Can the employee elect to delay reinstatement of health plan coverage until a date after the date he or she is reemployed
20:4.0.5.3.3.4.152.13SECTION 1002.170
   1002.170 In a multiemployer health plan, how is liability allocated for employer contributions and benefits arising under USERRA's health plan provisions
20:4.0.5.3.3.4.152.14SECTION 1002.171
   1002.171 How does the continuation of health plan benefits apply to a multiemployer plan that provides health plan coverage through a health benefits account system
20:4.0.5.3.3.5SUBPART E
Subpart E - Reemployment Rights and Benefits
20:4.0.5.3.3.5.153SUBJGRP 153
   Prompt Reemployment
20:4.0.5.3.3.5.153.1SECTION 1002.180
   1002.180 When is an employee entitled to be reemployed by his or her civilian employer
20:4.0.5.3.3.5.153.2SECTION 1002.181
   1002.181 How is “prompt reemployment” defined
20:4.0.5.3.3.5.154SUBJGRP 154
   Reemployment Position
20:4.0.5.3.3.5.154.3SECTION 1002.191
   1002.191 What position is the employee entitled to upon reemployment
20:4.0.5.3.3.5.154.4SECTION 1002.192
   1002.192 How is the specific reemployment position determined
20:4.0.5.3.3.5.154.5SECTION 1002.193
   1002.193 Does the reemployment position include elements such as seniority, status, and rate of pay
20:4.0.5.3.3.5.154.6SECTION 1002.194
   1002.194 Can the application of the escalator principle result in adverse consequences when the employee is reemployed
20:4.0.5.3.3.5.154.7SECTION 1002.195
   1002.195 What other factors can determine the reemployment position
20:4.0.5.3.3.5.154.8SECTION 1002.196
   1002.196 What is the employee's reemployment position if the period of service was less than 91 days
20:4.0.5.3.3.5.154.9SECTION 1002.197
   1002.197 What is the reemployment position if the employee's period of service in the uniformed services was more than 90 days
20:4.0.5.3.3.5.154.10SECTION 1002.198
   1002.198 What efforts must the employer make to help the employee become qualified for the reemployment position
20:4.0.5.3.3.5.154.11SECTION 1002.199
   1002.199 What priority must the employer follow if two or more returning employees are entitled to reemployment in the same position
20:4.0.5.3.3.5.155SUBJGRP 155
   Seniority Rights and Benefits
20:4.0.5.3.3.5.155.12SECTION 1002.210
   1002.210 What seniority rights does an employee have when reemployed following a period of uniformed service
20:4.0.5.3.3.5.155.13SECTION 1002.211
   1002.211 Does USERRA require the employer to use a seniority system
20:4.0.5.3.3.5.155.14SECTION 1002.212
   1002.212 How does a person know whether a particular right or benefit is a seniority-based right or benefit
20:4.0.5.3.3.5.155.15SECTION 1002.213
   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
20:4.0.5.3.3.5.156SUBJGRP 156
   Disabled Employees
20:4.0.5.3.3.5.156.16SECTION 1002.225
   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
20:4.0.5.3.3.5.156.17SECTION 1002.226
   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
20:4.0.5.3.3.5.157SUBJGRP 157
   Rate of Pay
20:4.0.5.3.3.5.157.18SECTION 1002.236
   1002.236 How is the employee's rate of pay determined when he or she returns from a period of service
20:4.0.5.3.3.5.158SUBJGRP 158
   Protection Against Discharge
20:4.0.5.3.3.5.158.19SECTION 1002.247
   1002.247 Does USERRA provide the employee with protection against discharge
20:4.0.5.3.3.5.158.20SECTION 1002.248
   1002.248 What constitutes cause for discharge under USERRA
20:4.0.5.3.3.5.159SUBJGRP 159
   Pension Plan Benefits
20:4.0.5.3.3.5.159.21SECTION 1002.259
   1002.259 How does USERRA protect an employee's pension benefits
20:4.0.5.3.3.5.159.22SECTION 1002.260
   1002.260 What pension benefit plans are covered under USERRA
20:4.0.5.3.3.5.159.23SECTION 1002.261
   1002.261 Who is responsible for funding any plan obligation to provide the employee with pension benefits
20:4.0.5.3.3.5.159.24SECTION 1002.262
   1002.262 When is the employer required to make the plan contribution that is attributable to the employee's period of uniformed service
20:4.0.5.3.3.5.159.25SECTION 1002.263
   1002.263 Does the employee pay interest when he or she makes up missed contributions or elective deferrals
20:4.0.5.3.3.5.159.26SECTION 1002.264
   1002.264 Is the employee allowed to repay a previous distribution from a pension benefits plan upon being reemployed
20:4.0.5.3.3.5.159.27SECTION 1002.265
   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
20:4.0.5.3.3.5.159.28SECTION 1002.266
   1002.266 What are the obligations of a multiemployer pension benefit plan under USERRA
20:4.0.5.3.3.5.159.29SECTION 1002.267
   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
20:4.0.5.3.3.6SUBPART F
Subpart F - Compliance Assistance, Enforcement and Remedies
20:4.0.5.3.3.6.160SUBJGRP 160
   Compliance Assistance
20:4.0.5.3.3.6.160.1SECTION 1002.277
   1002.277 What assistance does the Department of Labor provide to employees and employers concerning employment, reemployment, or other rights and benefits under USERRA
20:4.0.5.3.3.6.161SUBJGRP 161
   Investigation and Referral
20:4.0.5.3.3.6.161.2SECTION 1002.288
   1002.288 How does an individual file a USERRA complaint
20:4.0.5.3.3.6.161.3SECTION 1002.289
   1002.289 How will VETS investigate a USERRA complaint
20:4.0.5.3.3.6.161.4SECTION 1002.290
   1002.290 Does VETS have the authority to order compliance with USERRA
20:4.0.5.3.3.6.161.5SECTION 1002.291
   1002.291 What actions may an individual take if the complaint is not resolved by VETS
20:4.0.5.3.3.6.161.6SECTION 1002.292
   1002.292 What can the Attorney General do about the complaint
20:4.0.5.3.3.6.162SUBJGRP 162
   Enforcement of Rights and Benefits Against a State or Private Employer
20:4.0.5.3.3.6.162.7SECTION 1002.303
   1002.303 Is an individual required to file his or her complaint with VETS
20:4.0.5.3.3.6.162.8SECTION 1002.304
   1002.304 If an individual files a complaint with VETS and VETS' efforts do not resolve the complaint, can the individual pursue the claim on his or her own
20:4.0.5.3.3.6.162.9SECTION 1002.305
   1002.305 What court has jurisdiction in an action against a State or private employer
20:4.0.5.3.3.6.162.10SECTION 1002.306
   1002.306 Is a National Guard civilian technician considered a State or Federal employee for purposes of USERRA
20:4.0.5.3.3.6.162.11SECTION 1002.307
   1002.307 What is the proper venue in an action against a State or private employer
20:4.0.5.3.3.6.162.12SECTION 1002.308
   1002.308 Who has legal standing to bring an action under USERRA
20:4.0.5.3.3.6.162.13SECTION 1002.309
   1002.309 Who is a necessary party in an action under USERRA
20:4.0.5.3.3.6.162.14SECTION 1002.310
   1002.310 How are fees and court costs charged or taxed in an action under USERRA
20:4.0.5.3.3.6.162.15SECTION 1002.311
   1002.311 Is there a statute of limitations in an action under USERRA
20:4.0.5.3.3.6.162.16SECTION 1002.312
   1002.312 What remedies may be awarded for a violation of USERRA
20:4.0.5.3.3.6.162.17SECTION 1002.313
   1002.313 Are there special damages provisions that apply to actions initiated in the name of the United States
20:4.0.5.3.3.6.162.18SECTION 1002.314
   1002.314 May a court use its equity powers in an action or proceeding under the Act
20:4.0.5.3.3.6.163.19.4APPENDIX Appendix to
   Appendix to Part 1002 - Notice of Your Rights Under USERRA