20 CFR 1002.226 : Employees' Benefits (§ 1.1 To Parts 1011-1099) — (Part 657 To Parts 1011-1099) — Office Of The Assistant Secretary For Veterans' Employment And Training Service, Department Of Labor (Part 1000 To Parts 1011-1099) — Regulations Under The Uniformed Services Employment And Reemployment Rights Act Of 1994 (§ 1002.1 To Appendix To Part 1002) — Reemployment Rights And Benefits (§ 1002.180 To § 1002.267) — Disabled Employees (§ 1002.225 And § 1002.226) — If the employee has a disability that was incurred in, or aggravated during, the period of service, what efforts must the employer make to help him or her become qualified for the reemployment position?

4 Aug 2016

(a) USERRA requires that the employee be qualified for the reemployment position regardless of any disability. The employer must make reasonable efforts to help the employee to become qualified to perform the duties of this position. The employer is not required to reemploy the employee on his or her return from service if he or she cannot, after reasonable efforts by the employer, qualify for the appropriate reemployment position.

(b) “Qualified” has the same meaning here as in § 1002.198.

20 CFR 1002.226