(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
4313 of title
(C)deny to an eligible employee benefits within the meaning of sections
4318 of title
(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
(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
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
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 Tuesday, August 13, 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.
Description of Change
Statutes at Large
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