20 CFR 1002.151 - If the employer provides full or partial pay to the employee while he or she is on military leave, is the employer required to also provide the non-seniority rights and benefits ordinarily granted to similarly situated employees on furlough or leave of absence?

Regulations last checked for updates: May 01, 2025

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

View all text of Subpart D [§ 1002.149 - § 1002.171]

§ 1002.151 - If the employer provides full or partial pay to the employee while he or she is on military leave, is the employer required to also provide the non-seniority rights and benefits ordinarily granted to similarly situated employees on furlough or leave of absence?

Yes. If the employer provides additional benefits such as full or partial pay when the employee performs service, the employer is not excused from providing other rights and benefits to which the employee is entitled under the Act.

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 1002.151