20 C.F.R. § 1002.181
How is “prompt reemployment” defined?
“Prompt reemployment” means as soon as practicable under the circumstances of each case. Absent unusual circumstances, reemployment must occur within two weeks of the employee's application for reemployment. For example, prompt reinstatement after a weekend National Guard duty generally means the next regularly scheduled working day. On the other hand, prompt reinstatement following several years of active duty may require more time, because the employer may have to reassign or give notice to another employee who occupied the returning employee's position.
Notes of Decisions
Cited in 14
cases (4 in the last 5 years), 2008–2026 · leading case: Petty v. Metro. Gov't of Nashville-Davidson Cnty., 538 F.3d 431 (6th Cir. 2008).
Petty v. Metro. Gov't of Nashville-Davidson Cnty., 538 F.3d 431 (6th Cir. 2008). “20 C.F.R. § 1002.181 (emphasis added). Because of its return-to-work process, Metro took three weeks to “rehire” Petty, and even then it did not place Petty in the correct position as outlined in § 4313.”
Serricchio v. Wachovia Sec. LLC, 658 F.3d 169 (2d Cir. 2011). “” 20 C.F.R. § 1002.181 (emphasis added). In order for USERRA’s protections to apply, the servieemember must “notify the employer .”
Thomas Harwood, III v. Am. Airlines, Inc., 963 F.3d 408 (4th Cir. 2020). “” 20 C.F.R. § 1002.181 . Under § 4313(a)(2), the default employment position for a returning servicemember is the so-called “escalator position” — “the position of employment in which the person would have been employed if the continuous employment of such person with the…”
Mace v. Willis, 259 F. Supp. 3d 1007 (D.S.D. 2017). “See 20 C.F.R. § 1002.181 . See also Rogers v.”
Huff v. Winston, 790 S.E.2d 226 (Va. 2016). “" 20 C.F.R. § 1002.181 . 5 However, "[d]epending upon the specific circumstances, the employer may have the option, or be required, to reemploy the employee in a position other than the escalator position.”
Lisdahl v. Mayo Found. for Med. Educ. & Rsch., 698 F. Supp. 2d 1081 (D. Minnesota 2010). “§ 1313 , following his release from active duty, since he was returned to work “as soon as practicable under the circumstances,” see, 20 C.F.R. § 1002.181 . consistent with his preferred return to work date.”
Davis v. Crothall Servs. Grp., Inc., 961 F. Supp. 2d 716 (W.D. Pa. 2013). “” 20 C.F.R. § 1002.181 . Unfortunately, “there is a dearth of case law” on what constitutes “prompt reemployment.”
Paxton v. City of Montebello, 712 F. Supp. 2d 1007 (C.D. Cal. 2010). “However, to the extent plaintiffs seek or contest summary judgment on the ground City did not promptly reemploy them in violation of USERRA, see 38 U.”
Jimenez v. Holbrook Plastic Pipe Supply, Inc. (E.D.N.Y 2024). “See 20 C.F.R. § 1002.181 ; see also Ozorowsky v.”
Todd Allan Pegg v. Bd. of Visitors of Virginia Military Inst. (Va. Ct. App. 2025). “20 C.F.R. § 1002.181 . Prompt employment means “as soon as practicable under the circumstances of each case,” but, absent unusual circumstances, “must occur within two weeks of the employee’s application for reemployment.”
Petty v. Metro Govt Nashville (6th Cir. 2008). “20 C.F.R. § 1002.181 (emphasis added). Because of its return-to-work process, Metro took three weeks to “rehire” Petty, and even then it did not place Petty in the correct position as outlined in § 4313.”
Grooms v. Dolgencorp, LLC (N.D. Miss. 2019). “” 20 C.F.R. § 1002.181 . An employee returning from service in the uniformed service is entitled to reemployment if: (1) the employee gave advance written or verbal notice of such service to such person’s employer; (2) the employee’s cumulative length of absences does not exceed…”
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