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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 E - Reemployment Rights and Benefits |
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Seniority Rights and Benefits |
§ 1002.211 - Does USERRA require the employer to use a seniority system?
Latest version.
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§ 1002.211 Does USERRA require the employer to use a seniority system?
No. USERRA does not require the employer to adopt a formal seniority system. USERRA defines seniority as longevity in employment together with any employment benefits that accrue with, or are determined by, longevity in employment. In the absence of a formal seniority system, such as one established through collective bargaining, USERRA looks to the custom and practice in the place of employment to determine the employee's entitlement to any employment benefits that accrue with, or are determined by, longevity in employment.