1. LawStack
  2. Title 20 - Employees' Benefits
  3. Chapter IX - OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING SERVICE, DEPARTMENT OF LABOR
  4. Part 1002 - REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994
  5. Subpart C - Eligibility For Reemployment
  6. Topic - Period of Service
  7. 20 CFR § 1002.102
20 CFR § 1002.102
Does the five-year service limit include periods of service that the employee performed before USERRA was enacted?
February 18, 2021
CFR

It depends. USERRA provides reemployment rights to which an employee may become entitled beginning on or after December 12, 1994, but any uniformed service performed before December 12, 1994, that was counted against the service limitations of the previous law (the Veterans Reemployment Rights Act), also counts against USERRA's five-year limit.

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§ 1002.101 Does the five-year service limit include periods of service that the employee performed when he or she worked for a previous employer?
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§ 1002.103 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?

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