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3 U.S.C. § 416 — Rights and protections relating to veterans’ employment and reemployment

submitted 30 years ago by Pub. L. 104-331 to r/title-3-THE-PRESIDENT · 401 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law protects federal legislative employees who serve in the military. An employing office can't discriminate against them or deny their reemployment and benefit rights. It also sets remedies and requires regulations to carry out these protections.

(a) Employment and reemployment rights
(1) It's against the law for an employing office to do three things to an "eligible employee": discriminate against them in the ways described in subsections (a) and (b) of section 4311 of title 38; deny them the reemployment rights described in sections 4312 and 4313 of title 38; or deny them the benefits described in sections 4316, 4317, and 4318 of title 38.
(2) An "eligible employee" is a covered employee who is performing service in the uniformed services (as defined in section 4303(13) of title 38), as long as their service hasn't ended for one of the disqualifying reasons listed in section 4304 of title 38.

(b) Remedy
If subsection (a) is violated, the employee can get the same kind of damages that section 4323(d) of title 38 allows.

(c) Regulations to implement this section
(1) The President, or someone the President designates, must issue regulations to carry out this section.
(2) These regulations must generally match the Secretary of Labor's existing regulations for the same rights under subsections (a) and (b) — with two exceptions. First, the President's designee may modify them if there is good cause, shown and stated together with the regulation, explaining why a modification would be more effective. Second, the President's designee may instead choose to apply a provision from section 4314 or 4324 of title 38 to executive branch employees, in place of an analogous provision referred to in subsection (a) or (b), if doing so would be equally effective for protecting these rights and would promote uniform application of federal law across the executive branch.

(d) Effective date
Subsections (a) and (b) took effect on whichever came first: the effective date of the regulations issued under subsection (c), or October 1, 1998.

the actual law source: uscode.house.gov ↗public domain
(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) of section 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 credit: (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.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-331 · 110 Stat. 4060
  • 2010Amended · Pub. L. 111-275 · 124 Stat. 2888

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-331 on 1996-10-26.

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