[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR1002]

[Page 1123]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER IX--OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT 
                AND TRAINING SERVICE, DEPARTMENT OF LABOR
 
PART 1002_REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT 
 
                 Subpart C_Eligibility For Reemployment
 
Sec.  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.