Section 5 Eligibility for Reemployment

• Library: Employer-Employee Law 2008

To be eligible for reemployment, an employee must meet four criteria (with exceptions):

1. Advance notice of service (oral or written, with no particular format or time, except reasonable) unless prevented by military necessity or otherwise impossible or unreasonable to give. 20 C.F.R. §§ 1002.85–1002.86. “[M]ilitary necessity” can only be determined by an authority designated under U.S. Department of Defense regulations and, according to the regulation, is not subject to judicial review. 20 C.F.R. § 1002.86.

The U.S. Department of Defense “strongly” recommends
at least 30 days’ notice before departure, when feasible.
20 C.F.R. § 1002.85(d) (citing 32 C.F.R. § 104.6(a)(2)(i)(B) (U.S. Department of Defense regulations state that “written” notice is preferred; DOL’s regulation does not say “written”)).

2. Five years or less cumulative time in uniformed service
as to the particular employer, with certain exceptions providing for more time or identifying time that does not count toward the five years, such as involuntary active duty, captive status, or time needed to complete training.
20 C.F.R....