20 CFR Subpart E - Reemployment Rights and Benefits
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Prompt Reemployment (§§ 1002.180 - 1002.181)
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Reemployment Position (§§ 1002.191 - 1002.199)
- § 1002.191 What position is the employee entitled to upon reemployment?
- § 1002.192 How is the specific reemployment position determined?
- § 1002.193 Does the reemployment position include elements such as seniority, status, and rate of pay?
- § 1002.194 Can the application of the escalator principle result in adverse consequences when the employee is reemployed?
- § 1002.195 What other factors can determine the reemployment position?
- § 1002.196 What is the employee's reemployment position if the period of service was less than 91 days?
- § 1002.197 What is the reemployment position if the employee's period of service in the uniformed services was more than 90 days?
- § 1002.198 What efforts must the employer make to help the employee become qualified for the reemployment position?
- § 1002.199 What priority must the employer follow if two or more returning employees are entitled to reemployment in the same position?
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Seniority Rights and Benefits (§§ 1002.210 - 1002.213)
- § 1002.210 What seniority rights does an employee have when reemployed following a period of uniformed service?
- § 1002.211 Does USERRA require the employer to use a seniority system?
- § 1002.212 How does a person know whether a particular right or benefit is a seniority-based right or benefit?
- § 1002.213 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?
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Disabled Employees (§§ 1002.225 - 1002.226)
- § 1002.225 Is the employee entitled to any specific reemployment benefits if he or she has a disability that was incurred in, or aggravated during, the period of service?
- § 1002.226 If the employee has a disability that was incurred in, or aggravated during, the period of service, what efforts must the employer make to help him or her become qualified for the reemployment position?
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Protection Against Discharge (§§ 1002.247 - 1002.248)
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Pension Plan Benefits (§§ 1002.259 - 1002.267)
- § 1002.259 How does USERRA protect an employee's pension benefits?
- § 1002.260 What pension benefit plans are covered under USERRA?
- § 1002.261 Who is responsible for funding any plan obligation to provide the employee with pension benefits?
- § 1002.262 When is the employer required to make the plan contribution that is attributable to the employee's period of uniformed service?
- § 1002.263 Does the employee pay interest when he or she makes up missed contributions or elective deferrals?
- § 1002.264 Is the employee allowed to repay a previous distribution from a pension benefits plan upon being reemployed?
- § 1002.265 If the employee is reemployed with his or her pre-service employer, is the employee's pension benefit the same as if he or she had remained continuously employed?
- § 1002.266 What are the obligations of a multiemployer pension benefit plan under USERRA?
- § 1002.267 How is compensation during the period of service calculated in order to determine the employee's pension benefits, if benefits are based on compensation?