20 CFR 1002.102 - Does the five-year service limit include periods of service that the employee performed before USERRA was enacted?

Regulations last checked for updates: Oct 16, 2024

Title 20 - Employees' Benefits last revised: Sep 30, 2024

View all text of Subpart C [§ 1002.32 - § 1002.139]

§ 1002.102 - Does the five-year service limit include periods of service that the employee performed before USERRA was enacted?

It depends. USERRA provides reemployment rights to which an employee may become entitled beginning on or after December 12, 1994, but any uniformed service performed before December 12, 1994, that was counted against the service limitations of the previous law (the Veterans Reemployment Rights Act), also counts against USERRA's five-year limit.

authority: Section 4331(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4331(a) (Pub. L. 103-353, 108 Stat. 3150)

source: 70 FR 75292, Dec. 19, 2005, unless otherwise noted.

cite as: 20 CFR 1002.102