C.F.R. » Title 20 » CHAPTER IX—OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING SERVICE, DEPARTMENT OF LABOR › PART 1002—REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 › Subpart C—Eligibility For Reemployment

20 C.F.R. § 1002.123

What documents satisfy the requirement that the employee establish eligibility for reemployment after a period of service of more than thirty days?

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(a) Documents that satisfy the requirements of USERRA include the following:

(1) DD (Department of Defense) 214 Certificate of Release or Discharge from Active Duty;

(2) Copy of duty orders prepared by the facility where the orders were fulfilled carrying an endorsement indicating completion of the described service;

(3) Letter from the commanding officer of a Personnel Support Activity or someone of comparable authority;

(4) Certificate of completion from military training school;

(5) Discharge certificate showing character of service; and,

(6) Copy of extracts from payroll documents showing periods of service;

(7) Letter from National Disaster Medical System (NDMS) Team Leader or Administrative Officer verifying dates and times of NDMS training or Federal activation.

(b) The types of documents that are necessary to establish eligibility for reemployment will vary from case to case. Not all of these documents are available or necessary in every instance to establish reemployment eligibility.

Notes of Decisions
Cited in 4 cases, 2008–2016 · leading case: Petty v. Metro. Gov't of Nashville-Davidson Cnty., 538 F.3d 431 (6th Cir. 2008).
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Petty v. Metro. Gov't of Nashville-Davidson Cnty., 538 F.3d 431 (6th Cir. 2008). · cites it 2× “In 20 C.F.R. § 1002.123 , the Department of Labor lists documents that satisfy the documentation requirements of 38 U.”
Duffer v. United Cont'l Holdings, Inc., 173 F. Supp. 3d 689 (N.D. Ill. 2016). “20 C.F.R. §§ 1002.123 (a) (listing the seven permissible types of documentation) and 1002.”
Petty v. Metro Govt Nashville (6th Cir. 2008). · cites it 2× “In 20 C.F.R. § 1002.123 , the Department of Labor lists documents that satisfy the documentation requirements of 38 U.”
Brown v. Prairie Farms Dairy, Inc., 872 F. Supp. 2d 637 (M.D. Tenn. 2012). “20 C.F.R. § 1002.123 (a) lists seven documents that satisfy the documentation requirements of § 4312, including a DD-214 form.”
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