§ 1002.54. Are all military fitness examinations considered “service in the uniformed services?”
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/us/cfr/t20/s§ 1002.54·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Yes. USERRA's definition of “service in the uniformed services” includes a period for which an employee is absent from a position of employment for the purpose of an examination to determine his or her fitness to perform duty in the uniformed services. Military fitness examinations can address more than physical or medical fitness, and include evaluations for mental, educational, and other types of fitness. Any examination to determine an employee's fitness for service is covered, whether it is an initial or recurring examination. For example, a periodic medical examination required of a Reserve component member to determine fitness for continued service is covered.