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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 20 - Employees' Benefits |
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Chapter IX - Office of the Assistant Secretary for Veterans' Employment and Training Service, Department of Labor |
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Part 1002 - Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994 |
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Subpart C - Eligibility For Reemployment |
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Coverage of Employers and Positions |
§ 1002.41 - Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal employment position?
Latest version.
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§ 1002.41 Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal employment position?
USERRA rights are not diminished because an employee holds a temporary, part-time, probationary, or seasonal employment position. However, an employer is not required to reemploy an employee if the employment he or she left to serve in the uniformed services was for a brief, nonrecurrent period and there is no reasonable expectation that the employment would have continued indefinitely or for a significant period. The employer bears the burden of proving this affirmative defense.