20 CFR 1002.149
§ 1002.149 What is the employee's status with his or her civilian employer while performing service in the uniformed services?
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 1002.149, § 1002.149 What is the employee's status with his or her civilian employer while performing service in the uniformed services?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/82595
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Full text
During a period of service in the uniformed services, the employee is deemed to be on furlough or leave of absence from the civilian employer. In this status, the employee is entitled to the non-seniority rights and benefits generally provided by the employer to other employees with similar seniority, status, and pay that are on furlough or leave of absence. Entitlement to these non-seniority rights and benefits is not dependent on how the employer characterizes the employee's status during a period of service. For example, if the employer characterizes the employee as “terminated” during the period of uniformed service, this characterization cannot be used to avoid USERRA's requirement that the employee be deemed on furlough or leave of absence, and therefore entitled to the non-seniority rights and benefits generally provided to employees on furlough or leave of absence.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.