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 E—Reemployment Rights and Benefits

20 C.F.R. § 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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(a) USERRA requires that the employee be qualified for the reemployment position regardless of any disability. The employer must make reasonable efforts to help the employee to become qualified to perform the duties of this position. The employer is not required to reemploy the employee on his or her return from service if he or she cannot, after reasonable efforts by the employer, qualify for the appropriate reemployment position.

(b) “Qualified” has the same meaning here as in § 1002.198.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2011–2026 · leading case: Dianne Butts v. Prince William Cnty. Sch. Bd., 844 F.3d 424 (4th Cir. 2016).
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Dianne Butts v. Prince William Cnty. Sch. Bd., 844 F.3d 424 (4th Cir. 2016). “See 20 C.F.R. § 1002.226 (a). Here, because Appellant’s disability was unknown to the Board until after terminating her employment, it has no bearing on the reemploymént decision.”
Kirbyson v. Tesoro Refining & Mktg. Co., 795 F. Supp. 2d 930 (N.D. Cal. 2011). “20 C.F.R. 1002.226(a). 15 A service member who is reemployed upon returning from service, and who was employed for more than 180 days before departing for service, may not be discharged without cause for one year.”
Texas Dep't of Pub. Saf. v. Leroy Torres (Tex. App. 2025). · cites it 5× “5 20 CFR 1002.226 .........................”
Texas Dep't of Pub. Saf. v. Leroy Torres (Tex. App. 2024). · cites it 2× “13, 25 20 C.F.R. § 1002.226 ....................”
Texas Dep't of Pub. Saf. v. Leroy Torres (2026). · cites it 2× “§ 4313 (a)(3); 20 C.F.R. § 1002.226 . If, after reasonable efforts to accommodate, the employee is unqualified for the escalator position, he or she must either be reemployed to (1) a position with equivalent “seniority, status, and pay” for which the employee is qualified, or…”
Brown v. Prairie Farms Dairy, Inc., 872 F. Supp. 2d 637 (M.D. Tenn. 2012). “” 20 C.F.R. § 1002.226 (a). Such “reasonable efforts must be made at no cost to the employee.”
20 C.F.R. § 1002.226(a): 1 case
Kirbyson v. Tesoro Refining & Mktg. Co., 795 F. Supp. 2d 930 (N.D. Cal. 2011). “20 C.F.R. 1002.226(a). 15 A service member who is reemployed upon returning from service, and who was employed for more than 180 days before departing for service, may not be discharged without cause for one year.”
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