20 CFR 1002.100
§ 1002.100 Does the five-year service limit include all absences from an employment position that are related to service in the uniformed services?
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 1002.100, § 1002.100 Does the five-year service limit include all absences from an employment position that are related to service in the uniformed services?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/82574
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Full text
No. The five-year period includes only the time the employee spends actually performing service in the uniformed services. A period of absence from employment before or after performing service in the uniformed services does not count against the five-year limit. For example, after the employee completes a period of service in the uniformed services, he or she is provided a certain amount of time, depending upon the length of service, to report back to work or submit an application for reemployment. The period between completing the uniformed service and reporting back to work or seeking reemployment does not count against the five-year limit.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.