5 CFR § 1208.12 - Time of filing.
---
identifier: "/us/cfr/t5/s1208.12"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 1208.12 - Time of filing."
title_number: 5
title_name: "Administrative Personnel"
section_number: "1208.12"
section_name: "Time of filing."
chapter_name: "MERIT SYSTEMS PROTECTION BOARD"
subchapter_number: "A"
subchapter_name: "ORGANIZATION AND PROCEDURES"
part_number: "1208"
part_name: "PRACTICES AND PROCEDURES FOR APPEALS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT AND THE VETERANS EMPLOYMENT OPPORTUNITIES ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 1204(h), 3330a, 3330b; 38 U.S.C. 4331."
regulatory_source: "65 FR 5412, Feb. 4, 2000, unless otherwise noted."
cfr_part: "1208"
---
# 1208.12 Time of filing.
Under chapter 43 of title 38, United States Code, there is no time limit for filing a USERRA appeal with the Board. However, the Board encourages appellants to file a USERRA appeal as soon as possible after the date of the alleged violation or, if a complaint is filed with the Secretary of Labor, as soon as possible after receiving notice from the Secretary in accordance with 38 U.S.C. 4322(e) that the Secretary's efforts have not resolved the complaint, or, if the Secretary has referred the complaint to the Special Counsel and the Special Counsel does not agree to represent the appellant, as soon as possible after receiving the Special Counsel's notice.
[65 FR 5412, Feb. 4, 2000, as amended at 65 FR 49896, Aug. 16, 2000]