---
kind: "section"
citation: "20 C.F.R. § 1002.41"
title: "20"
number: "1002.41"
heading: "Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal employment position?"
url: "https://uscodex.org/cfr/20/1002.41"
---

# §1002.41. Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal employment position?


USERRA rights are not diminished because an employee holds a temporary, part-time, probationary, or seasonal employment position. However, an employer is not required to reemploy an employee if the employment he or she left to serve in the uniformed services was for a brief, nonrecurrent period and there is no reasonable expectation that the employment would have continued indefinitely or for a significant period. The employer bears the burden of proving this affirmative defense.


## 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.