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:
The employer had advance notice of the employee's service;
The employee has five years or less of cumulative service in the uniformed services in his or her employment relationship with a particular employer;
The employee timely returns to work or applies for reemployment; and,
The employee has not been separated from service with a disqualifying discharge or under other than honorable conditions.
These general eligibility requirements have important qualifications and exceptions, which are described in detail in §§ 1002.73 through 1002.138. 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. The employment position to which the employee is entitled is described in §§ 1002.191 through 1002.199.
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