---
kind: "section"
citation: "20 C.F.R. § 1002.101"
title: "20"
number: "1002.101"
heading: "Does the five-year service limit include periods of service that the employee performed when he or she worked for a previous employer?"
url: "https://uscodex.org/cfr/20/1002.101"
---

# §1002.101. Does the five-year service limit include periods of service that the employee performed when he or she worked for a previous employer?


No. An employee is entitled to a leave of absence for uniformed service for up to five years with each employer for whom he or she works. When the employee takes a position with a new employer, the five-year period begins again regardless of how much service he or she performed while working in any previous employment relationship. If an employee is employed by more than one employer, a separate five-year period runs as to each employer independently, even if those employers share or co-determine the employee's terms and conditions of employment.


## Notes

### Authority

Authority: Section 4331(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4331(a) (Pub. L. 103-353, 108 Stat. 3150).

### Source

Source: 70 FR 75292, Dec. 19, 2005, unless otherwise noted.