CFR /  Title 20  /  Part 1002: Regulations Under The Uniformed Services Employment And Reemployment Rights Act Of 1994

Section No.	Description
Section 1002.1	Is USERRA a new law?
Section 1002.2	When did USERRA become effective?
Section 1002.3	What is the role of the Secretary of Labor under USERRA?
Section 1002.4	What definitions apply to USERRA?
Section 1002.5	What types of service in the uniformed services are covered by USERRA?
Section 1002.6	How does USERRA relate to other laws, public and private contracts, and employer practices?
Section 1002.7	What status or activity is protected from employer discrimination by USERRA?
Section 1002.18	What activity is protected from employer retaliation by USERRA?
Section 1002.19	Does USERRA protect an individual who does not actually perform service in the uniformed services?
Section 1002.20	Do the Act's prohibitions against discrimination and retaliation apply to all employment positions?
Section 1002.21	Who has the burden of proving discrimination or retaliation in violation of USERRA?
Section 1002.22	What must the individual show to carry the burden of proving that the employer discriminated or retaliated against him
Section 1002.23	What criteria must the employee meet to be eligible under USERRA for reemployment after service in the uniformed
Section 1002.32	Does the employee have to prove that the employer discriminated against him or her in order to be eligible for
Section 1002.33	Which employers are covered by USERRA?
Section 1002.34	Is a successor in interest an employer covered by USERRA?
Section 1002.35	Can an employer be liable as a successor in interest if it was unaware that an employee may claim reemployment rights
Section 1002.36	Can one employee be employed in one job by more than one employer?
Section 1002.37	Can a hiring hall be an employer?
Section 1002.38	Are States (and their political subdivisions), the District of Columbia, the Commonwealth of Puerto Rico, and United
Section 1002.39	Does USERRA protect against discrimination in initial hiring decisions?
Section 1002.40	Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal
Section 1002.41	What rights does an employee have under USERRA if he or she is on layoff, on strike, or on a leave of absence?
Section 1002.42	Does an individual have rights under USERRA even if he or she is an executive, managerial, or professional employee?
Section 1002.43	Does USERRA cover an independent contractor?
Section 1002.44	Are all military fitness examinations considered ``service in the uniformed services?''
Section 1002.54	Is all funeral honors duty considered ``service in the uniformed services?''
Section 1002.55	What types of service in the National Disaster Medical System are considered ``service in the uniformed services?''
Section 1002.56	Is all service as a member of the National Guard considered ``service in the uniformed services?''
Section 1002.57	Is service in the commissioned corps of the Public Health Service considered ``service in the uniformed services?''
Section 1002.58	Are there any circumstances in which special categories of persons are considered to perform ``service in the uniformed
Section 1002.59	Does USERRA cover an individual attending a military service academy?
Section 1002.60	Does USERRA cover a member of the Reserve Officers Training Corps?
Section 1002.61	Does USERRA cover a member of the Commissioned Corps of the National Oceanic and Atmospheric Administration, the Civil
Section 1002.62	Does service in the uniformed services have to be an employee's sole reason for leaving an employment position in order
Section 1002.73	Must the employee begin service in the uniformed services immediately after leaving his or her employment position in order to
Section 1002.74	Must the employee give advance notice to the employer of his or her service in the uniformed services?
Section 1002.85	When is the employee excused from giving advance notice of service in the uniformed services?
Section 1002.86	Is the employee required to get permission from his or her employer before leaving to perform service in the uniformed
Section 1002.87	Is the employee required to tell his or her civilian employer that he or she intends to seek reemployment after completing
Section 1002.88	Is there a limit on the total amount of service in the uniformed services that an employee may perform and still retain
Section 1002.99	Does the five-year service limit include all absences from an employment position that are related to service in the
Section 1002.100	Does the five-year service limit include periods of service that the employee performed when he or she worked for a
Section 1002.101	Does the five-year service limit include periods of service that the employee performed before USERRA was enacted?
Section 1002.102	Are there any types of service in the uniformed services that an employee can perform that do not count against
Section 1002.103	Is the employee required to accommodate his or her employer's needs as to the timing, frequency or duration of service?
Section 1002.104	Is the employee required to report to or submit a timely application for reemployment to his or her pre-service employer upon
Section 1002.115	Is the time period for reporting back to an employer extended if the employee is hospitalized for, or convalescing from, an illness or
Section 1002.116	Are there any consequences if the employee fails to report for or submit a timely application for reemployment?
Section 1002.117	Is an application for reemployment required to be in any particular form?
Section 1002.118	To whom must the employee submit the application for reemployment?
Section 1002.119	If the employee seeks or obtains employment with an employer other than the pre-service employer before the end of the
Section 1002.120	Is the employee required to submit documentation to the employer in connection with the application for reemployment?
Section 1002.121	Is the employer required to reemploy the employee if documentation establishing the employee's eligibility does not exist
Section 1002.122	What documents satisfy the requirement that the employee establish eligibility for reemployment after a period of service of more
Section 1002.123	What type of discharge or separation from service is required for an employee to be entitled to reemployment under
Section 1002.134	What types of discharge or separation from uniformed service will make the employee ineligible for reemployment under
Section 1002.135	Who determines the characterization of service?
Section 1002.136	If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will
Section 1002.137	If the employee receives a retroactive upgrade in the characterization of service, will that entitle him or her to claim
Section 1002.138	Are there any circumstances in which the pre-service employer is excused from its obligation to reemploy the employee
Section 1002.139	What is the employee's status with his or her civilian employer while performing service in the uniformed services?
Section 1002.149	Which non-seniority rights and benefits is the employee entitled to during a period of service?
Section 1002.150	If the employer provides full or partial pay to the employee while he or she is on military leave, is the employer required
Section 1002.151	If employment is interrupted by a period of service in the uniformed services, are there any circumstances under which the
Section 1002.152	If employment is interrupted by a period of service in the uniformed services, is the employee permitted upon request to use
Section 1002.153	What types of health plans are covered by USERRA?
Section 1002.163	What health plan coverage must the employer provide for the employee under USERRA?
Section 1002.164	How does the employee elect continuing health plan coverage?
Section 1002.165	How much must the employee pay in order to continue health plan coverage?
Section 1002.166	What actions may a plan administrator take if the employee does not elect or pay for continuing coverage in a timely
Section 1002.167	If the employee's coverage was terminated at the beginning of or during service, does his or her coverage have to be reinstated upon
Section 1002.168	Can the employee elect to delay reinstatement of health plan coverage until a date after the date he or she is reemployed?
Section 1002.169	In a multiemployer health plan, how is liability allocated for employer contributions and benefits arising under
Section 1002.170	How does the continuation of health plan benefits apply to a multiemployer plan that provides health plan coverage
Section 1002.171	When is an employee entitled to be reemployed by his or her civilian employer?
Section 1002.180	How is ``prompt reemployment'' defined?
Section 1002.181	What position is the employee entitled to upon reemployment?
Section 1002.191	How is the specific reemployment position determined?
Section 1002.192	Does the reemployment position include elements such as seniority, status, and rate of pay?
Section 1002.193	Can the application of the escalator principle result in adverse consequences when the employee is reemployed?
Section 1002.194	What other factors can determine the reemployment position?
Section 1002.195	What is the employee's reemployment position if the period of service was less than 91 days?
Section 1002.196	What is the reemployment position if the employee's period of service in the uniformed services was more than 90 days?
Section 1002.197	What efforts must the employer make to help the employee become qualified for the reemployment position?
Section 1002.198	What priority must the employer follow if two or more returning employees are entitled to reemployment in the same position?
Section 1002.199	What seniority rights does an employee have when reemployed following a period of uniformed service?
Section 1002.210	Does USERRA require the employer to use a seniority system?
Section 1002.211	How does a person know whether a particular right or benefit is a seniority-based right or benefit?
Section 1002.212	How can the employee demonstrate a reasonable certainty that he or she would have received the seniority right or benefit if he
Section 1002.213	Is the employee entitled to any specific reemployment benefits if he or she has a disability that was incurred in, or
Section 1002.225	If the employee has a disability that was incurred in, or aggravated during, the period of service, what efforts must the
Section 1002.226	How is the employee's rate of pay determined when he or she returns from a period of service?
Section 1002.236	Does USERRA provide the employee with protection against discharge?
Section 1002.247	What constitutes cause for discharge under USERRA?
Section 1002.248	How does USERRA protect an employee's pension benefits?
Section 1002.259	What pension benefit plans are covered under USERRA?
Section 1002.260	Who is responsible for funding any plan obligation to provide the employee with pension benefits?
Section 1002.261	When is the employer required to make the plan contribution that is attributable to the employee's period of
Section 1002.262	Does the employee pay interest when he or she makes up missed contributions or elective deferrals?
Section 1002.263	Is the employee allowed to repay a previous distribution from a pension benefits plan upon being reemployed?
Section 1002.264	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
Section 1002.265	What are the obligations of a multiemployer pension benefit plan under USERRA?
Section 1002.266	How is compensation during the period of service calculated in order to determine the employee's pension benefits, if
Section 1002.267	What assistance does the Department of Labor provide to employees and employers concerning employment, reemployment, or other
Section 1002.277	How does an individual file a USERRA complaint?
Section 1002.288	How will VETS investigate a USERRA complaint?
Section 1002.289	Does VETS have the authority to order compliance with USERRA?
Section 1002.290	What actions may an individual take if the complaint is not resolved by VETS?
Section 1002.291	What can the Attorney General do about the complaint?
Section 1002.292	Is an individual required to file his or her complaint with VETS?
Section 1002.303	If an individual files a complaint with VETS and VETS' efforts do not resolve the complaint, can the individual pursue the
Section 1002.304	What court has jurisdiction in an action against a State or private employer?
Section 1002.305	Is a National Guard civilian technician considered a State or Federal employee for purposes of USERRA?
Section 1002.306	What is the proper venue in an action against a State or private employer?
Section 1002.307	Who has legal standing to bring an action under USERRA?
Section 1002.308	Who is a necessary party in an action under USERRA?
Section 1002.309	How are fees and court costs charged or taxed in an action under USERRA?
Section 1002.310	Is there a statute of limitations in an action under USERRA?
Section 1002.311	What remedies may be awarded for a violation of USERRA?
Section 1002.312	Are there special damages provisions that apply to actions initiated in the name of the United States?
Section 1002.313	May a court use its equity powers in an action or proceeding under the Act?
Section 1002.314	What is the purpose and scope of this part?