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Helping to Serve Our American Heroes Returning Home: Filing a Reemployment Suit for a Disabled Military Veteran by Christina Pasquali: Administrative Law for Military Service Portion of Claim

Guaranteed Rights for Veterans

Seniority Benefits
20 C.F.R. § 1002.210.
Seniority Benefits: § 1002.211 Does USERRA require the employer to use a seniority system?
20 C.F.R. § 1002.211
How does a person know whether a particular right or benefit is a seniority-based right or benefit?
20 C.F.R. § 1002.212
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?
20 C.F.R. § 1002.213
Nonseniority Benefits:What is the employee's status with his or her civilian employer while performing service in the uniformed services?
20 C.F.R. §§ 1002.149.
Which non-seniority rights and benefits is the employee entitled to during a period of service?
20 C.F.R. § 1002.150
Nonseniority Benefits: Intent Not To Return
If employment is interrupted by a period of service in the uniformed services, are there any circumstances under which the employee is not entitled to the non-seniority rights and benefits ordinarily granted to similarly situated employees on furlough or leave of absence?
20 C.F.R. § 1002.152.
Use of Vacation and Sick Leave: Personnel actions during employee's absence.
5 C.F.R. § 353.106
Use of Vacation and Sick Leave: Use of paid time off during uniformed service.
5 C.F.R. § 353.208
Use of Vacation and Sick Leave: If employment is interrupted by a period of service in the uniformed services, is the employee permitted upon request to use accrued vacation, annual or similar leave with pay during the service? Can the employer require th
20 C.F.R. § 1002.153
Dismissial Only For Cause: Does USERRA provide the employee with protection against discharge?
20 C.F.R. § 1002.247

Who Is Entitled To These Rights and Benefits

Notice to Employer
38 U.S.C.A. § 4312(a) and (b)
5 C.F.R. § 353.204
Must the employee give advance notice to the employer of his or her service in the uniformed services?
38 U.S.C.A. § 4312(a)
20 C.F.R. § 1002.85(c)
When is the employee excused from giving advance notice of service in the uniformed services?
38 U.S.C.A. § 4312(b)
20 C.F.R. § 1002.86
Time when employee must begin service in uniformed services
20 C.F.R. § 1002.74.
Service as sole reason for leaving employment position
20 C.F.R. § 1002.73.
Cumulative Five Year Limit
5 C.F.R. § 353.203(a)
Cumulative Five Year Limit
20 C.F.R. § 1002.99

Time Not Included In Five Year Limit

General
5 C.F.R. § 353.203(a)(1), (2)
General
20 C.F.R. § 1002.103(a)(1), (2).
Is the employee required to accommodate his or her employer's needs as to the timing, frequency or duration of service?
20 C.F.R. § 1002.104.
Length of service
5 C.F.R. § 353.203(c)
Policy
32 C.F.R. § 104.4
Are there any types of service in the uniformed services that an employee can perform that do not count against USERRA's five-year service limit?
20 C.F.R. § 1002.103

Limits on Employer's Duty to Reemploy

Definitions

Definition of Employee
20 C.F.R. § 1002.5(c)
Independent Contractor
20 C.F.R. § 1002.44
Definition of Employer
20 C.F.R. § 1002.5(d)
Definition of Employer: Discrimination in initial hiring decision
20 C.F.R. § 1002.40.
Definition of Uniformed Services
5 C.F.R. § 353.102
Definition of Uniformed Services
20 C.F.R. § 1002.6
Disqualified as Definition of Uniformed Service
20 C.F.R. § 1002.62

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