20 C.F.R. § 1002.88
Is the employee required to tell his or her civilian employer that he or she intends to seek reemployment after completing uniformed service before the employee leaves to perform service in the uniformed services?
No. When the employee leaves the employment position to begin a period of service, he or she is not required to tell the civilian employer that he or she intends to seek reemployment after completing uniformed service. Even if the employee tells the employer before entering or completing uniformed service that he or she does not intend to seek reemployment after completing the uniformed service, the employee does not forfeit the right to reemployment after completing service. The employee is not required to decide in advance of leaving the civilian employment position whether he or she will seek reemployment after completing uniformed service.
Notes of Decisions
Cited in 2
cases, 2010–2012 · leading case: Sutton v. City of Chesapeake, 713 F. Supp. 2d 547 (E.D. Va. 2010).
Sutton v. City of Chesapeake, 713 F. Supp. 2d 547 (E.D. Va. 2010). “The most relevant regulation in the instant matter is 20 C.F.R. § 1002.88 , which states that “even if an employee tells an employer before entering or completing uniformed service that he does not intend to seek reemployment after completing the uniformed service, the employee…”
United States v. Alabama Dep't of Mental Health & Mental Retardation, 673 F.3d 1320 (11th Cir. 2012). “” 20 C.F.R. § 1002.88 . Because the sovereign immunity question involves an analysis of the level of control exercised by the government during litigation, it is important to understand the process by which the United States brings a USERRA action.”
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