Code of Federal Regulations > Title 20 > Chapter IX > Part 1002 > Subpart E - Subpart E—Reemployment Rights and Benefits

U.S. Code of Federal Regulations

Regulations most recently checked for updates: Aug 27, 2025

PROMPT REEMPLOYMENT

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

§ 1002.181 - How is “prompt reemployment” defined?

REEMPLOYMENT POSITION

§ 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?

SENIORITY RIGHTS AND BENEFITS

§ 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?

DISABLED EMPLOYEES

§ 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?

RATE OF PAY

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

PROTECTION AGAINST DISCHARGE

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

§ 1002.248 - What constitutes cause for discharge under USERRA?

PENSION PLAN BENEFITS

§ 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?