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. § 1002.32

What criteria must the employee meet to be eligible under USERRA for reemployment after service in the uniformed services?

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(a) In general, if the employee has been absent from a position of civilian employment by reason of service in the uniformed services, he or she will be eligible for reemployment under USERRA by meeting the following criteria:

(1) The employer had advance notice of the employee's service;

(2) The employee has five years or less of cumulative service in the uniformed services in his or her employment relationship with a particular employer;

(3) The employee timely returns to work or applies for reemployment; and,

(4) The employee has not been separated from service with a disqualifying discharge or under other than honorable conditions.

(b) These general eligibility requirements have important qualifications and exceptions, which are described in detail in §§ 1002.73 through 1002.138. If the employee meets these eligibility criteria, then he or she is eligible for reemployment unless the employer establishes one of the defenses described in § 1002.139. The employment position to which the employee is entitled is described in §§ 1002.191 through 1002.199.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2013–2025 · leading case: Joel Bradberry v. Jefferson Cnty., Texas, 732 F.3d 540 (5th Cir. 2013).
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Joel Bradberry v. Jefferson Cnty., Texas, 732 F.3d 540 (5th Cir. 2013). “at 75251; see also 20 C.F.R. § 1002.32 . Even when a service-member satisfies these obligations, the employer has statutory defenses to its failure to reemploy.”
Grooms v. Dolgencorp, LLC (N.D. Miss. 2019). · cites it 2× “” 20 C.F.R. § 1002.32 . The Defendant argues that the Plaintiff failed to meet: (1) the first prong requiring advance notice of service; and (2) the third prong requiring timely submission of an application for reemployment.”
Collins v. Staghorn Petroleum II, LLC (N.D. Okla. 2025). · cites it 2× “§ 4312 (a)(1)-(3); see also 20 C.F.R. § 1002.32 . USERRA incorporates the “escalator principle” for reemployment, which provides that an employer shall promptly place a returning service member in “the position he would have held had he remained continuously in his civilian…”
Bonbon v. Elite Guardian Solutions, LLC (D. Mass. 2019). “20 C.F.R. § 1002.32 . reemployed in a position of employment in accordance” with the terms of the statute.”
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