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Subpart E—Reemployment Rights and Benefits

RegSenseUSERRACFR SubpartCFR RegulationsLeaveUSAHR ManagementEnglishU.S. Department of Labor (DOL)Focus AreaHuman Resources

§1002.180 When is an employee entitled to be reemployed by his or her civilian employer?

§1002.181 How is "prompt reemployment" defined?

§1002.191 What position is the employee entitled to upon reemployment?

§1002.192 How is the specific reemployment position determined?

§1002.193 Does the reemployment position include elements such as seniority, status, and rate of pay?

§1002.194 Can the application of the escalator principle result in adverse consequences when the employee is reemployed?

§1002.195 What other factors can determine the reemployment position?

§1002.196 What is the employee's reemployment position if the period of service was less than 91 days?

§1002.197 What is the reemployment position if the employee's period of service in the uniformed services was more than 90 days?

§1002.198 What efforts must the employer make to help the employee become qualified for the reemployment position?

§1002.199 What priority must the employer follow if two or more returning employees are entitled to reemployment in the same position?

§1002.210 What seniority rights does an employee have when reemployed following a period of uniformed service?

§1002.211 Does USERRA require the employer to use a seniority system?

§1002.212 How does a person know whether a particular right or benefit is a seniority-based right or benefit?

§1002.213 How 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?

§1002.225 Is 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?

§1002.226 If 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?

§1002.236 How is the employee's rate of pay determined when he or she returns from a period of service?

§1002.247 Does USERRA provide the employee with protection against discharge?

§1002.248 What constitutes cause for discharge under USERRA?

§1002.259 How does USERRA protect an employee's pension benefits?

§1002.260 What pension benefit plans are covered under USERRA?

§1002.261 Who is responsible for funding any plan obligation to provide the employee with pension benefits?

§1002.262 When is the employer required to make the plan contribution that is attributable to the employee's period of uniformed service?

§1002.263 Does the employee pay interest when he or she makes up missed contributions or elective deferrals?

§1002.264 Is the employee allowed to repay a previous distribution from a pension benefits plan upon being reemployed?

§1002.265 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 had remained continuously employed?

§1002.266 What are the obligations of a multiemployer pension benefit plan under USERRA?

§1002.267 How is compensation during the period of service calculated in order to determine the employee's pension benefits, if benefits are based on compensation?

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