20 C.F.R. § 1002.149

What is the employee's status with his or her civilian employer while performing service in the uniformed services?

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During a period of service in the uniformed services, the employee is deemed to be on furlough or leave of absence from the civilian employer. In this status, the employee is entitled to the non-seniority rights and benefits generally provided by the employer to other employees with similar seniority, status, and pay that are on furlough or leave of absence. Entitlement to these non-seniority rights and benefits is not dependent on how the employer characterizes the employee's status during a period of service. For example, if the employer characterizes the employee as “terminated” during the period of uniformed service, this characterization cannot be used to avoid USERRA's requirement that the employee be deemed on furlough or leave of absence, and therefore entitled to the non-seniority rights and benefits generally provided to employees on furlough or leave of absence.

Notes of Decisions

Cited in 9 cases (4 in the last 5 years), 2010–2025 · leading case: Mace v. Willis, 259 F. Supp. 3d 1007 (D.S.D. 2017).

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Mace v. Willis, 259 F. Supp. 3d 1007 (D.S.D. 2017). “(citing 20 C.F.R. § 1002.149 ). Thqs, the court concluded whether being on the list of employees TXD tendered to Foxxe was a factual issue about which genuine material disputes existed, preventing summary judgment.”

Thaddaeus Myrick v. City of Hoover, Alabama, 69 F.4th 1309 (11th Cir. 2023). · cites it 2× “” 20 C.F.R. § 1002.149 . Moreover, when the DOL promulgated its final rules, it considered and rejected a comment suggesting that it make the form of leave (paid or unpaid) a factor in the leave comparison.”

United States v. Nevada, 817 F. Supp. 2d 1230 (D. Nev. 2011). “See also 20 C.F.R. § 1002.149 (providing that an employee's entitlement to certain rights and benefits during an absence for uniformed service "is not dependent on how the employer characterizes the employee’s status during [that] period”).”

Jonathan Dorris v. TXD Servs., 753 F.3d 740 (8th Cir. 2014). “” 20 C.F.R. § 1002.149 . Rather, § 4316(b)(1) defines the employer’s general § 4311(a) duty not to discriminate against an employee on long-term military *745 leave.”

Paxton v. City of Montebello, 712 F. Supp. 2d 1007 (C.D. Cal. 2010). “§ 4316 (b)(1)(A); 20 C.F.R. § 1002.149 , and is “entitled to such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar seniority, status, and pay who are on furlough or leave of absence under a…”

Bearden v. City of Ocean Shores (W.D. Wash. 2022). · cites it 3× “060, the City 2 violated 20 C.F.R. § 1002.149 , which provides that entitlement to non-seniority rights 3 and benefits is not dependent on how the employer characterizes the employee’s status 4 during a period of military service.”

Myrick v. Hoover, Alabama, City of (N.D. Ala. 2022). · cites it 2× “” 20 C.F.R. § 1002.149 . For example, an employer’s classification of an employee as “terminated” while he or she is on duty serving the United States “cannot be used to avoid USERRA’s requirement that the employee be deemed on furlough or leave of absence, and therefore…”

Bearden v. City of Ocean Shores (Wash. 2025). “” 20 C.F.R. § 1002.149 . Though Bearden was also employed by the Army, the record indicates he continued to be an employee of the city while on 12 Bearden v.”

United States v. Missouri, 67 F. Supp. 3d 1047 (W.D. Mo. 2014). “20 C.F.R. § 1002.149 . Likewise, Defendants may not use their characterization of ÁGR program participants as Separation-US status to avoid providing military benefits of employment.”

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