Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal employment position?

1. Law
2. CFR 20
3. Employees' Benefits
4. Office of the Assistant Secretary for Veterans' Employment and Training Service, Department of Labor
5. Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994
6. Eligibility For Reemployment
7. Coverage of Employers and Positions
8. Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal employment position?

§ 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.

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