20 C.F.R. § 1002.41
Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal employment position?
USERRA rights are not diminished because an employee holds a temporary, part-time, probationary, or seasonal employment position. However, an employer is not required to reemploy an employee if the employment he or she left to serve in the uniformed services was for a brief, nonrecurrent period and there is no reasonable expectation that the employment would have continued indefinitely or for a significant period. The employer bears the burden of proving this affirmative defense.
Notes of Decisions
Cited in 3
cases, 2018–2019 · leading case: Kieshia Mace v. Corey Willis, 897 F.3d 926 (8th Cir. 2018).
Kieshia Mace v. Corey Willis, 897 F.3d 926 (8th Cir. 2018). “20 C.F.R. § 1002.41 ("USERRA rights are not diminished because an employee holds a temporary, part-time, probationary, or seasonal employment position.”
Jackson v. City of Birmingham, 364 F. Supp. 3d 1310 (N.D. Ala. 2019). “" 20 C.F.R. § 1002.41 . Mr. Jackson contends that the City violated USERRA because the City reinstated his probationary period when he returned from military service.”
Mace v. Willis (D.S.D. 2018). “answered definitively by a duly promulgated regulation: 20 C.F.R. § 1002.41 . That regulation provided that “USERRA rights are not diminished because an employee holds a temporary, part-time, probationary, or seasonal employment position.”
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