Text of USERRA Regulations
“C” Version
When approved by Congress for the other employing offices covered by the CAA, these regulations will have the prefix “C.”
Subpart A: Introduction to the Regulations
§ 1002.1 What is the purpose of this part?
This part implements certain provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (‘‘USERRA’’ or ‘‘the Act’’), as applied by the Congressional Accountability Act (“CAA”). 2 U.S.C. 1316. USERRA is a law that establishes certain rights and benefits for employees, and duties for employers. USERRA affects employment, reemployment, and retention in employment, when employees serve or have served in the uniformed services. There are five subparts to these regulations. Subpart A gives an introduction to the USERRA regulations. Subpart B describes USERRA’s anti‐discrimination and anti‐retaliation provisions. Subpart C explains the steps that must be taken by a uniformed service member who wants to return to his or her previous civilian employment. Subpart D describes the rights, benefits, and obligations of persons absent from employment due to service in the uniformed services, including rights and obligations related to health plan coverage. Subpart E describes the rights, benefits, and obligations of the returning veteran or service member. Subpart F explains the role of the Office of Compliance in administering USERRA as applied by the CAA.
§ 1002.2 Is USERRA a new law?
USERRA is the latest in a series of laws protecting veterans’ employment and reemployment rights going back to the Selective Training and Service Act of 1940. USERRA’s immediate predecessor was commonly referred to as the Veterans’ Reemployment Rights Act (“VRRA”), which was enacted as section 404 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. In enacting USERRA, Congress emphasized USERRA’s continuity with the VRRA and its intention to clarify and strengthen that law. Congress also emphasized that Federal laws protecting veterans’ employment and reemployment rights for the past fifty years had been successful and that the large body of case law that had developed under those statutes remained in full force and effect, to the extent it is consistent with USERRA.
