USERRA Advisor

The following three-part reemployment process is required for persons with a disability incurred during service:

1. The employer must make a reasonable effort to accommodate the person's disability so that the person can perform the position that the person would have held if the person had remained continuously employed.
2. If, despite reasonable accommodation efforts, the person is not qualified for the position in (1) due to his or her disability, the person must be reemployed in a position of equivalent seniority, status, and pay, so long as the employee is qualified to perform the duties of the position, or could become qualified to perform them with reasonable efforts by the employer.
3. If the person does not become qualified for the position in either (1) or (2) the person must be employed in a position that, consistent with the circumstances of that person's case, most nearly approximates the position in (2) in terms of seniority, status and pay.

These requirements apply to all employers, regardless of size. See 20 CFR Part 1002.225 and 20 CFR Part 1002.226.

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