---
kind: "section"
citation: "20 C.F.R. § 1002.32"
title: "20"
number: "1002.32"
heading: "What criteria must the employee meet to be eligible under USERRA for reemployment after service in the uniformed services?"
url: "https://uscodex.org/cfr/20/1002.32"
---

# §1002.32. What criteria must the employee meet to be eligible under USERRA for reemployment after service in the uniformed services?

- (a) In general, if the employee has been absent from a position of civilian employment by reason of service in the uniformed services, he or she will be eligible for reemployment under USERRA by meeting the following criteria:
  - (1) The employer had advance notice of the employee's service;
  - (2) The employee has five years or less of cumulative service in the uniformed services in his or her employment relationship with a particular employer;
  - (3) The employee timely returns to work or applies for reemployment; and,
  - (4) The employee has not been separated from service with a disqualifying discharge or under other than honorable conditions.
- (b) These general eligibility requirements have important qualifications and exceptions, which are described in detail in [§§ 1002.73 through 1002.138](/cfr/20/1002.73..1002.138.md). If the employee meets these eligibility criteria, then he or she is eligible for reemployment unless the employer establishes one of the defenses described in [§ 1002.139](/cfr/20/1002.139.md). The employment position to which the employee is entitled is described in [§§ 1002.191 through 1002.199](/cfr/20/1002.191..1002.199.md).

## 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.