20 C.F.R. § 1002.54 Are all military fitness examinations considered “service in the uniformed services?”
Title 20 - Employees' Benefits
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.
Title 20: Employees' Benefits
PART 1002—REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994
Subpart C—Eligibility For Reemployment
Coverage of Service in the Uniformed Services
§ 1002.54 Are all military fitness examinations considered “service in the uniformed services?”
