| 20:4.0.5.3.3.3.142 | SUBJGRP 142
| General Eligibility Requirements for Reemployment | |
| 20:4.0.5.3.3.3.142.1 | SECTION 1002.32
| 1002.32 What criteria must the employee meet to be eligible under USERRA for reemployment after service in the uniformed services | |
| 20:4.0.5.3.3.3.142.2 | SECTION 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 | |
| 20:4.0.5.3.3.3.143 | SUBJGRP 143
| Coverage of Employers and Positions | |
| 20:4.0.5.3.3.3.143.3 | SECTION 1002.34
| 1002.34 Which employers are covered by USERRA | |
| 20:4.0.5.3.3.3.143.4 | SECTION 1002.35
| 1002.35 Is a successor in interest an employer covered by USERRA | |
| 20:4.0.5.3.3.3.143.5 | SECTION 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 | |
| 20:4.0.5.3.3.3.143.6 | SECTION 1002.37
| 1002.37 Can one employee be employed in one job by more than one employer | |
| 20:4.0.5.3.3.3.143.7 | SECTION 1002.38
| 1002.38 Can a hiring hall be an employer | |
| 20:4.0.5.3.3.3.143.8 | SECTION 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 | |
| 20:4.0.5.3.3.3.143.9 | SECTION 1002.40
| 1002.40 Does USERRA protect against discrimination in initial hiring decisions | |
| 20:4.0.5.3.3.3.143.10 | SECTION 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 | |
| 20:4.0.5.3.3.3.143.11 | SECTION 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 | |
| 20:4.0.5.3.3.3.143.12 | SECTION 1002.43
| 1002.43 Does an individual have rights under USERRA even if he or she is an executive, managerial, or professional employee | |
| 20:4.0.5.3.3.3.143.13 | SECTION 1002.44
| 1002.44 Does USERRA cover an independent contractor | |
| 20:4.0.5.3.3.3.144 | SUBJGRP 144
| Coverage of Service in the Uniformed Services | |
| 20:4.0.5.3.3.3.144.14 | SECTION 1002.54
| 1002.54 Are all military fitness examinations considered “service in the uniformed services?” | |
| 20:4.0.5.3.3.3.144.15 | SECTION 1002.55
| 1002.55 Is all funeral honors duty considered “service in the uniformed services?” | |
| 20:4.0.5.3.3.3.144.16 | SECTION 1002.56
| 1002.56 What types of service in the National Disaster Medical System are considered “service in the uniformed services?” | |
| 20:4.0.5.3.3.3.144.17 | SECTION 1002.57
| 1002.57 Is all service as a member of the National Guard considered “service in the uniformed services?” | |
| 20:4.0.5.3.3.3.144.18 | SECTION 1002.58
| 1002.58 Is service in the commissioned corps of the Public Health Service considered “service in the uniformed services?” | |
| 20:4.0.5.3.3.3.144.19 | SECTION 1002.59
| 1002.59 Are there any circumstances in which special categories of persons are considered to perform “service in the uniformed services?” | |
| 20:4.0.5.3.3.3.144.20 | SECTION 1002.60
| 1002.60 Does USERRA cover an individual attending a military service academy | |
| 20:4.0.5.3.3.3.144.21 | SECTION 1002.61
| 1002.61 Does USERRA cover a member of the Reserve Officers Training Corps | |
| 20:4.0.5.3.3.3.144.22 | SECTION 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 | |
| 20:4.0.5.3.3.3.145 | SUBJGRP 145
| Absence From a Position of Employment Necessitated by Reason of Service in the Uniformed Services | |
| 20:4.0.5.3.3.3.145.23 | SECTION 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 | |
| 20:4.0.5.3.3.3.145.24 | SECTION 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 | |
| 20:4.0.5.3.3.3.146 | SUBJGRP 146
| Requirement of Notice | |
| 20:4.0.5.3.3.3.146.25 | SECTION 1002.85
| 1002.85 Must the employee give advance notice to the employer of his or her service in the uniformed services | |
| 20:4.0.5.3.3.3.146.26 | SECTION 1002.86
| 1002.86 When is the employee excused from giving advance notice of service in the uniformed services | |
| 20:4.0.5.3.3.3.146.27 | SECTION 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 | |
| 20:4.0.5.3.3.3.146.28 | SECTION 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 | |
| 20:4.0.5.3.3.3.147 | SUBJGRP 147
| Period of Service | |
| 20:4.0.5.3.3.3.147.29 | SECTION 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 | |
| 20:4.0.5.3.3.3.147.30 | SECTION 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 | |
| 20:4.0.5.3.3.3.147.31 | SECTION 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 | |
| 20:4.0.5.3.3.3.147.32 | SECTION 1002.102
| 1002.102 Does the five-year service limit include periods of service that the employee performed before USERRA was enacted | |
| 20:4.0.5.3.3.3.147.33 | SECTION 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 | |
| 20:4.0.5.3.3.3.147.34 | SECTION 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 | |
| 20:4.0.5.3.3.3.148 | SUBJGRP 148
| Application for Reemployment | |
| 20:4.0.5.3.3.3.148.35 | SECTION 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 | |
| 20:4.0.5.3.3.3.148.36 | SECTION 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 | |
| 20:4.0.5.3.3.3.148.37 | SECTION 1002.117
| 1002.117 Are there any consequences if the employee fails to report for or submit a timely application for reemployment | |
| 20:4.0.5.3.3.3.148.38 | SECTION 1002.118
| 1002.118 Is an application for reemployment required to be in any particular form | |
| 20:4.0.5.3.3.3.148.39 | SECTION 1002.119
| 1002.119 To whom must the employee submit the application for reemployment | |
| 20:4.0.5.3.3.3.148.40 | SECTION 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 employer | |
| 20:4.0.5.3.3.3.148.41 | SECTION 1002.121
| 1002.121 Is the employee required to submit documentation to the employer in connection with the application for reemployment | |
| 20:4.0.5.3.3.3.148.42 | SECTION 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 | |
| 20:4.0.5.3.3.3.148.43 | SECTION 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 | |
| 20:4.0.5.3.3.3.149 | SUBJGRP 149
| Character of Service | |
| 20:4.0.5.3.3.3.149.44 | SECTION 1002.134
| 1002.134 What type of discharge or separation from service is required for an employee to be entitled to reemployment under USERRA | |
| 20:4.0.5.3.3.3.149.45 | SECTION 1002.135
| 1002.135 What types of discharge or separation from uniformed service will make the employee ineligible for reemployment under USERRA | |
| 20:4.0.5.3.3.3.149.46 | SECTION 1002.136
| 1002.136 Who determines the characterization of service | |
| 20:4.0.5.3.3.3.149.47 | SECTION 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 | |
| 20:4.0.5.3.3.3.149.48 | SECTION 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 | |
| 20:4.0.5.3.3.3.150 | SUBJGRP 150
| Employer Statutory Defenses | |
| 20:4.0.5.3.3.3.150.49 | SECTION 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 reemployment benefits | |