20 CFR 1002.104
§ 1002.104 Is the employee required to accommodate his or her employer's needs as to the timing, frequency or duration of service?
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 1002.104, § 1002.104 Is the employee required to accommodate his or her employer's needs as to the timing, frequency or duration of service?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/82578
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Full text
No. The employee is not required to accommodate his or her employer's interests or concerns regarding the timing, frequency, or duration of uniformed service. The employer cannot refuse to reemploy the employee because it believes that the timing, frequency or duration of the service is unreasonable. However, the employer is permitted to bring its concerns over the timing, frequency, or duration of the employee's service to the attention of the appropriate military authority. Regulations issued by the Department of Defense at 32 CFR 104.4 direct military authorities to provide assistance to an employer in addressing these types of employment issues. The military authorities are required to consider requests from employers of National Guard and Reserve members to adjust scheduled absences from civilian employment to perform service.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.