20 CFR 1002.134 - What type of discharge or separation from service is required for an employee to be entitled to reemployment under USERRA?

Regulations last checked for updates: May 01, 2025

Title 20 - Employees' Benefits last revised: Mar 17, 2025

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

§ 1002.134 - What type of discharge or separation from service is required for an employee to be entitled to reemployment under USERRA?

USERRA does not require any particular form of discharge or separation from service. However, even if the employee is otherwise eligible for reemployment, he or she will be disqualified if the characterization of service falls within one of four categories. USERRA requires that the employee not have received one of these types of discharge.

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 1002.134