§ 416. Rights and protections relating to veterans’ employment and reemployment

(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.

(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

Amendments

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

Effective Date

Effective Date

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