§ 1002.41. Does an employee have rights under USERRA even though he or she holds a temporary, part-time, probationary, or seasonal employment position?
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/us/cfr/t20/s§ 1002.41·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.