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3 USC § 416 - Rights and protections relating to veterans’ employment and reemployment

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-7. (See Public Laws for the current Congress.)

(a) Employment and Reemployment Rights of Members of the Uniformed Services.—

(1) In general.— It shall be unlawful for an employing office to—

(A) discriminate, within the meaning of subsections (a) and (b) ofsection 4311 of title 38, against an eligible employee;

(B) deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38; or

(C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38.

(2) Definition.— For purposes of this section, the term “eligible employee” means a covered employee performing service in the uniformed services, within the meaning of section 4303 (13) of title 38, whose service has not been terminated upon the occurrence of any of the events enumerated in section 4304 of such title.

(b) Remedy.— The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under section 4323 (d) of title 38.

(c) Regulations To Implement Section.—

(1) In general.— The President, or the designee of the President, shall issue regulations to implement this section.

(2) Agency regulations.— The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b)—

(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and

(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 4314 or 4324 of title 38, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—

(i) would be equally effective for the implementation of the rights and protections under this section; and

(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.

(d) Effective Date.— Subsections (a) and (b) shall take effect on the earlier of—

(1) the effective date of regulations issued under subsection (c); or

(2) October 1, 1998.

(a) Employment and Reemployment Rights of Members of the Uniformed Services.—

(1) In general.— It shall be unlawful for an employing office to—

(A) discriminate, within the meaning of subsections (a) and (b) ofsection 4311 of title 38, against an eligible employee;

(B) deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38; or

(C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38.

(2) Definition.— For purposes of this section, the term “eligible employee” means a covered employee performing service in the uniformed services, within the meaning of section 4303 (13) of title 38, whose service has not been terminated upon the occurrence of any of the events enumerated in section 4304 of such title.

(b) Remedy.— The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under section 4323 (d) of title 38.

(c) Regulations To Implement Section.—

(1) In general.— The President, or the designee of the President, shall issue regulations to implement this section.

(2) Agency regulations.— The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b)—

(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and

(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 4314 or 4324 of title 38, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—

(i) would be equally effective for the implementation of the rights and protections under this section; and

(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.

(d) Effective Date.— Subsections (a) and (b) shall take effect on the earlier of—

(1) the effective date of regulations issued under subsection (c); or

(2) October 1, 1998.

Source

(Added Pub. L. 104–331, § 2(a),Oct. 26, 1996, 110 Stat. 4060; amended Pub. L. 111–275, title VII, § 703(c),Oct. 13, 2010, 124 Stat. 2888.)

Amendments

2010—Subsec. (b). Pub. L. 111–275substituted “under section 4323 (d) of title 38” for “under paragraphs (1) and (2)(A) of section 4323 (c) of title 38”.

Effective Date

Subsec. (c) of this section effective Oct. 26, 1996, see section 471 (b) of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 3, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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Refer to the Thomas site for changes that have not yet made it into the classification tables.

3 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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