Are there any types of service in the uniformed services that an employee can perform that do not count against USERRAs five-year service limit?
top (a) USERRA creates the following exceptions to the five-year limit on service in the uniformed services: (1) Service that is required beyond five years to complete an initial period of obligated service. Some military specialties require an individual to serve more than five years because of the amount of time or expense involved in training. If the employee works in one of those specialties, he or she has reemployment rights when the initial period of obligated service is completed; (2) If the employee was unable to obtain orders releasing him or her from service in the uniformed services before the expiration of the five-year period, and the inability was not the employee’s fault; (3)(i) Service performed to fulfill periodic National Guard and Reserve training requirements as prescribed by 10 U.S.C. 10147 and 32 U.S.C. 502(a) and 503; and, (ii) Service performed to fulfill additional training requirements determined and certified by a proper military authority as necessary for th
Related Questions
- Period of Service top ยง 1002.99 Is there a limit on the total amount of service in the uniformed services that an employee may perform and still retain reemployment rights with the employer?
- What types of discharge or separation from uniformed service will make the employee ineligible for reemployment under USERRA?
- Does the five-year service limit include periods of service that the employee performed before USERRA was enacted?
