
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 323(a)]
[Document affected by Public Law 107-14 Section 8(a)(11)]
[Document affected by Public Law 107-14 Section 8(b)(2)]
[Document affected by Public Law 106-419 Section 323(c)]
[CITE: 38USC4303]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
    CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES
 
                          SUBCHAPTER I--GENERAL
 
Sec. 4303. Definitions

    For the purposes of this chapter--
        (1) The term ``Attorney General'' means the Attorney General of 
    the United States or any person designated by the Attorney General 
    to carry out a responsibility of the Attorney General under this 
    chapter.
        (2) The term ``benefit'', ``benefit of employment'', or ``rights 
    and benefits'' means any advantage, profit, privilege, gain, status, 
    account, or interest (other than wages or salary for work performed) 
    that accrues by reason of an employment contract or agreement or an 
    employer policy, plan, or practice and includes rights and benefits 
    under a pension plan, a health plan, an employee stock ownership 
    plan, insurance coverage and awards, bonuses, severance pay, 
    supplemental unemployment benefits, vacations, and the opportunity 
    to select work hours or location of employment.
        (3) The term ``employee'' means any person employed by an 
    employer. Such term includes any person who is a citizen, national, 
    or permanent resident alien of the United States employed in a 
    workplace in a foreign country by an employer that is an entity 
    incorporated or otherwise organized in the United States or that is 
    controlled by an entity organized in the United States, within the 
    meaning of section 4319(c) of this title.
        (4)(A) Except as provided in subparagraphs (B) and (C), the term 
    ``employer'' means any person, institution, organization, or other 
    entity that pays salary or wages for work performed or that has 
    control over employment opportunities, including--
            (i) a person, institution, organization, or other entity to 
        whom the employer has delegated the performance of employment-
        related responsibilities;
            (ii) the Federal Government;
            (iii) a State;
            (iv) any successor in interest to a person, institution, 
        organization, or other entity referred to in this subparagraph; 
        and
            (v) a person, institution, organization, or other entity 
        that has denied initial employment in violation of section 4311.

        (B) In the case of a National Guard technician employed under 
    section 709 of title 32, the term ``employer'' means the adjutant 
    general of the State in which the technician is employed.
        (C) Except as an actual employer of employees, an employee 
    pension benefit plan described in section 3(2) of the Employee 
    Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) shall be 
    deemed to be an employer only with respect to the obligation to 
    provide benefits described in section 4318.
        (5) The term ``Federal executive agency'' includes the United 
    States Postal Service, the Postal Rate Commission, any 
    nonappropriated fund instrumentality of the United States, any 
    Executive agency (as that term is defined in section 105 of title 5) 
    other than an agency referred to in section 2302(a)(2)(C)(ii) of 
    title 5, and any military department (as that term is defined in 
    section 102 of title 5) with respect to the civilian employees of 
    that department.
        (6) The term ``Federal Government'' includes any Federal 
    executive agency, the legislative branch of the United States, and 
    the judicial branch of the United States.
        (7) The term ``health plan'' means an insurance policy or 
    contract, medical or hospital service agreement, membership or 
    subscription contract, or other arrangement under which health 
    services for individuals are provided or the expenses of such 
    services are paid.
        (8) The term ``notice'' means (with respect to subchapter II) 
    any written or verbal notification of an obligation or intention to 
    perform service in the uniformed services provided to an employer by 
    the employee who will perform such service or by the uniformed 
    service in which such service is to be performed.
        (9) The term ``qualified'', with respect to an employment 
    position, means having the ability to perform the essential tasks of 
    the position.
        (10) The term ``reasonable efforts'', in the case of actions 
    required of an employer under this chapter, means actions, including 
    training provided by an employer, that do not place an undue 
    hardship on the employer.
        (11) Notwithstanding section 101, the term ``Secretary'' means 
    the Secretary of Labor or any person designated by such Secretary to 
    carry out an activity under this chapter.
        (12) The term ``seniority'' means longevity in employment 
    together with any benefits of employment which accrue with, or are 
    determined by, longevity in employment.
        (13) The term ``service in the uniformed services'' means the 
    performance of duty on a voluntary or involuntary basis in a 
    uniformed service under competent authority and includes active 
    duty, active duty for training, initial active duty for training, 
    inactive duty training, full-time National Guard duty, and a period 
    for which a person is absent from a position of employment for the 
    purpose of an examination to determine the fitness of the person to 
    perform any such duty.
        (14) The term ``State'' means each of the several States of the 
    United States, the District of Columbia, the Commonwealth of Puerto 
    Rico, Guam, the Virgin Islands, and other territories of the United 
    States (including the agencies and political subdivisions thereof).
        (15) The term ``undue hardship'', in the case of actions taken 
    by an employer, means actions requiring significant difficulty or 
    expense, when considered in light of--
            (A) the nature and cost of the action needed under this 
        chapter;
            (B) the overall financial resources of the facility or 
        facilities involved in the provision of the action; the number 
        of persons employed at such facility; the effect on expenses and 
        resources, or the impact otherwise of such action upon the 
        operation of the facility;
            (C) the overall financial resources of the employer; the 
        overall size of the business of an employer with respect to the 
        number of its employees; the number, type, and location of its 
        facilities; and
            (D) the type of operation or operations of the employer, 
        including the composition, structure, and functions of the work 
        force of such employer; the geographic separateness, 
        administrative, or fiscal relationship of the facility or 
        facilities in question to the employer.

        (16) The term ``uniformed services'' means the Armed Forces, the 
    Army National Guard and the Air National Guard when engaged in 
    active duty for training, inactive duty training, or full-time 
    National Guard duty, the commissioned corps of the Public Health 
    Service, and any other category of persons designated by the 
    President in time of war or national emergency.

(Added Pub. L. 103-353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3150; 
amended Pub. L. 104-275, title III, Sec. 311(2), Oct. 9, 1996, 110 Stat. 
3334; Pub. L. 105-368, title II, Sec. 212(a), Nov. 11, 1998, 112 Stat. 
3331.)


                            Prior Provisions

    A prior section 4303, applicable to reemployments initiated before 
the end of the 60-day period beginning Oct. 13, 1994, is contained in 
chapter 43 set out as a note preceding this subchapter.
    Another prior section 4303 was renumbered section 7603 of this 
title.


                               Amendments

    1998--Par. (3). Pub. L. 105-368 inserted at end ``Such term includes 
any person who is a citizen, national, or permanent resident alien of 
the United States employed in a workplace in a foreign country by an 
employer that is an entity incorporated or otherwise organized in the 
United States or that is controlled by an entity organized in the United 
States, within the meaning of section 4319(c) of this title.''
    1996--Par. (16). Pub. L. 104-275 inserted ``national'' before 
``emergency''.


                    Effective Date of 1998 Amendment

    Pub. L. 105-368, title II, Sec. 212(c), Nov. 11, 1998, 112 Stat. 
3331, provided that: ``The amendments made by this section [enacting 
section 4319 of this title and amending this section] shall apply only 
with respect to causes of action arising after the date of the enactment 
of this Act [Nov. 11, 1998].''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-275 effective Oct. 13, 1994, see section 
313 of Pub. L. 104-275, set out as a note under section 4301 of this 
title.


                             Effective Date

    Section effective with respect to reemployments initiated on or 
after the first day after the 60-day period beginning Oct. 13, 1994, 
with transition rules, see section 8 of Pub. L. 103-353, set out as a 
note under section 4301 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 1316; title 3 section 
416.
