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FEDERAL · 20 CFR

Part 1002 — Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994

123 sections · Title 20: Employees' Benefits

§ 1002.1What is the purpose of this part?
§ 1002.2Is USERRA a new law?
§ 1002.3When did USERRA become effective?
§ 1002.4What is the role of the Secretary of Labor under USERRA?
§ 1002.5What definitions apply to USERRA?
§ 1002.6What types of service in the uniformed services are covered by USERRA?
§ 1002.7How does USERRA relate to other laws, public and private contracts, and employer practices?
§ 1002.18What status or activity is protected from employer discrimination by USERRA?
§ 1002.19What activity is protected from employer retaliation by USERRA?
§ 1002.20Does USERRA protect an individual who does not actually perform service in the uniformed services?
§ 1002.21Do the Act's prohibitions against discrimination and retaliation apply to all employment positions?
§ 1002.22Who has the burden of proving discrimination or retaliation in violation of USERRA?
§ 1002.23What must the individual show to carry the burden of proving that the employer discriminated or retaliated against him or her?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 1002.149What is the employee's status with his or her civilian employer while performing service in the uniformed services?
§ 1002.150Which non-seniority rights and benefits is the employee entitled to during a period of service?
§ 1002.151If 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 leave of absence?
§ 1002.152If 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 furlough or leave of absence?
§ 1002.153If 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 accrued leave during a period of service?
§ 1002.163What types of health plans are covered by USERRA?
§ 1002.164What health plan coverage must the employer provide for the employee under USERRA?
§ 1002.165How does the employee elect continuing health plan coverage?
§ 1002.166How much must the employee pay in order to continue health plan coverage?
§ 1002.167What actions may a plan administrator take if the employee does not elect or pay for continuing coverage in a timely manner?
§ 1002.168If the employee's coverage was terminated at the beginning of or during service, does his or her coverage have to be reinstated upon reemployment?
§ 1002.169Can the employee elect to delay reinstatement of health plan coverage until a date after the date he or she is reemployed?
§ 1002.170In a multiemployer health plan, how is liability allocated for employer contributions and benefits arising under USERRA's health plan provisions?
§ 1002.171How does the continuation of health plan benefits apply to a multiemployer plan that provides health plan coverage through a health benefits account system?
§ 1002.180When is an employee entitled to be reemployed by his or her civilian employer?
§ 1002.181How is “prompt reemployment” defined?
§ 1002.191What position is the employee entitled to upon reemployment?
§ 1002.192How is the specific reemployment position determined?
§ 1002.193Does the reemployment position include elements such as seniority, status, and rate of pay?
§ 1002.194Can the application of the escalator principle result in adverse consequences when the employee is reemployed?
§ 1002.195What other factors can determine the reemployment position?
§ 1002.196What is the employee's reemployment position if the period of service was less than 91 days?
§ 1002.197What is the reemployment position if the employee's period of service in the uniformed services was more than 90 days?
§ 1002.198What efforts must the employer make to help the employee become qualified for the reemployment position?
§ 1002.199What priority must the employer follow if two or more returning employees are entitled to reemployment in the same position?
§ 1002.210What seniority rights does an employee have when reemployed following a period of uniformed service?
§ 1002.211Does USERRA require the employer to use a seniority system?
§ 1002.212How does a person know whether a particular right or benefit is a seniority-based right or benefit?
§ 1002.213How 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?
§ 1002.225Is 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?
§ 1002.226If 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?
§ 1002.236How is the employee's rate of pay determined when he or she returns from a period of service?
§ 1002.247Does USERRA provide the employee with protection against discharge?
§ 1002.248What constitutes cause for discharge under USERRA?
§ 1002.259How does USERRA protect an employee's pension benefits?
§ 1002.260What pension benefit plans are covered under USERRA?
§ 1002.261Who is responsible for funding any plan obligation to provide the employee with pension benefits?
§ 1002.262When is the employer required to make the plan contribution that is attributable to the employee's period of uniformed service?
§ 1002.263Does the employee pay interest when he or she makes up missed contributions or elective deferrals?
§ 1002.264Is the employee allowed to repay a previous distribution from a pension benefits plan upon being reemployed?
§ 1002.265If 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?
§ 1002.266What are the obligations of a multiemployer pension benefit plan under USERRA?
§ 1002.267How is compensation during the period of service calculated in order to determine the employee's pension benefits, if benefits are based on compensation?
§ 1002.277What assistance does the Department of Labor provide to employees and employers concerning employment, reemployment, or other rights and benefits under USERRA?
§ 1002.288How does an individual file a USERRA complaint?
§ 1002.289How will VETS investigate a USERRA complaint?
§ 1002.290Does VETS have the authority to order compliance with USERRA?
§ 1002.291What actions may an individual take if the complaint is not resolved by VETS?
§ 1002.292What can the Attorney General do about the complaint?
§ 1002.303Is an individual required to file his or her complaint with VETS?
§ 1002.304If 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?
§ 1002.305What court has jurisdiction in an action against a State or private employer?
§ 1002.306Is a National Guard civilian technician considered a State or Federal employee for purposes of USERRA?
§ 1002.307What is the proper venue in an action against a State or private employer?
§ 1002.308Who has legal standing to bring an action under USERRA?
§ 1002.309Who is a necessary party in an action under USERRA?
§ 1002.310How are fees and court costs charged or taxed in an action under USERRA?
§ 1002.311Is there a statute of limitations in an action under USERRA?
§ 1002.312What remedies may be awarded for a violation of USERRA?
§ 1002.313Are there special damages provisions that apply to actions initiated in the name of the United States?
§ 1002.314May a court use its equity powers in an action or proceeding under the Act?