Is he covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
Yes, he would be covered. USERRA, at 38 USC 4312(d)(1)(c), provides for an exclusion when: [T]he employment from which the person leaves to serve in the uniformed services is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period. Only very temporary positions, such as seasonal workers, are excluded (and, according to one commentator, this exclusion is very narrowly construed). A newly-hired employee is covered.
Related Questions
- What is an employers obligation under the Uniformed Services Employment and Reemployment Rights Act (USERRA) to return employees to work when they return from military leave?
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- Is he covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
