---
kind: "section"
citation: "20 C.F.R. § 1002.195"
title: "20"
number: "1002.195"
heading: "What other factors can determine the reemployment position?"
url: "https://uscodex.org/cfr/20/1002.195"
---

# §1002.195. What other factors can determine the reemployment position?


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](/cfr/20/1002.196..1002.199.md), are:

- (a) The length of the employee's most recent period of uniformed service;
- (b) The employee's qualifications; and,
- (c) **Whether the employee has a disability incurred or aggravated during uniformed service.**

## 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.