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§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?

...

§1002.101 Does the five-year service limit include periods of service that the employee performed when he or she worked for a previous employer?

RegSense USERRA CFR Regulations Leave CFR Section USA HR Management English U.S. Department of Labor (DOL)Focus Area Human Resources

No. An employee is entitled to a leave of absence for uniformed service for up to five years with each employer for whom he or she works. When the employee takes a position with a new employer, the five-year period begins again regardless of how much service he or she performed while working in any previous employment relationship. If an employee is employed by more than one employer, a separate five-year period runs as to each employer independently, even if those employers share or co-determine the employee's terms and conditions of employment.

[70 FR 75923 Dec. 19, 2005]

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