SUBPART C—Eligibility For Reemployment (§1002.32 to §1002.139)
- 1002.32—What criteria must the employee meet to be eligible under USERRA for reemployment after service in the uniformed services?
- 1002.33—Does the employee have to prove that the employer discriminated against him or her in order to be eligible for reemployment?
- 1002.34—Which employers are covered by USERRA?
- 1002.35—Is a successor in interest an employer covered by USERRA?
- 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?
- 1002.37—Can one employee be employed in one job by more than one employer?
- 1002.38—Can a hiring hall be an employer?
- 1002.39—Are States (and their political subdivisions), the District of Columbia, the Commonwealth of Puerto Rico, and United States territories, considered employers?
- 1002.40—Does USERRA protect against discrimination in initial hiring decisions?
- 1002.41—Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal employment position?
- 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?
- 1002.43—Does an individual have rights under USERRA even if he or she is an executive, managerial, or professional employee?
- 1002.44—Does USERRA cover an independent contractor?
- 1002.54—Are all military fitness examinations considered “service in the uniformed services?”
- 1002.55—Is all funeral honors duty considered “service in the uniformed services?”
- 1002.56—What types of service in the National Disaster Medical System are considered “service in the uniformed services?”
- 1002.57—Is all service as a member of the National Guard considered “service in the uniformed services?”
- 1002.58—Is service in the commissioned corps of the Public Health Service considered “service in the uniformed services?”
- 1002.59—Are there any circumstances in which special categories of persons are considered to perform “service in the uniformed services?”
- 1002.60—Does USERRA cover an individual attending a military service academy?
- 1002.61—Does USERRA cover a member of the Reserve Officers Training Corps?
- 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?
- 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?
- 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?
- 1002.85—Must the employee give advance notice to the employer of his or her service in the uniformed services?
- 1002.86—When is the employee excused from giving advance notice of service in the uniformed services?
- 1002.87—Is the employee required to get permission from his or her employer before leaving to perform service in the uniformed services?
- 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 servic
- 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?
- 1002.100—Does the five-year service limit include all absences from an employment position that are related to service in the uniformed services?
- 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?
- 1002.102—Does the five-year service limit include periods of service that the employee performed before USERRA was enacted?
- 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?
- 1002.104—Is the employee required to accommodate his or her employer's needs as to the timing, frequency or duration of service?
- 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
- 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 per
- 1002.117—Are there any consequences if the employee fails to report for or submit a timely application for reemployment?
- 1002.118—Is an application for reemployment required to be in any particular form?
- 1002.119—To whom must the employee submit the application for reemployment?
- 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, wil
- 1002.121—Is the employee required to submit documentation to the employer in connection with the application for reemployment?
- 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?
- 1002.123—What documents satisfy the requirement that the employee establish eligibility for reemployment after a period of service of more than thirty days?
- 1002.134—What type of discharge or separation from service is required for an employee to be entitled to reemployment under USERRA?
- 1002.135—What types of discharge or separation from uniformed service will make the employee ineligible for reemployment under USERRA?
- 1002.136—Who determines the characterization of service?
- 1002.137—If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?
- 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
- 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 a