§1002.195. What other factors can determine the reemployment position?
20 C.F.R. § 1002.195
Once the employee's escalator position is determined, other factors may allow, or require, the employer to reemploy the employee in a position other than the escalator position. These factors, which are explained in §§ 1002.196 through 1002.199, are:
The length of the employee's most recent period of uniformed service;
The employee's qualifications; and,
Whether the employee has a disability incurred or aggravated during uniformed service.
Notes, amendments, and revision history
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.