
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC4313]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
    CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES
 
   SUBCHAPTER II--EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; 
                              PROHIBITIONS
 
Sec. 4313. Reemployment positions

    (a) Subject to subsection (b) (in the case of any employee) and 
sections 4314 and 4315 (in the case of an employee of the Federal 
Government), a person entitled to reemployment under section 4312, upon 
completion of a period of service in the uniformed services, shall be 
promptly reemployed in a position of employment in accordance with the 
following order of priority:
        (1) Except as provided in paragraphs (3) and (4), in the case of 
    a person whose period of service in the uniformed services was for 
    less than 91 days--
            (A) in the position of employment in which the person would 
        have been employed if the continuous employment of such person 
        with the employer had not been interrupted by such service, the 
        duties of which the person is qualified to perform; or
            (B) in the position of employment in which the person was 
        employed on the date of the commencement of the service in the 
        uniformed services, only if the person is not qualified to 
        perform the duties of the position referred to in subparagraph 
        (A) after reasonable efforts by the employer to qualify the 
        person.

        (2) Except as provided in paragraphs (3) and (4), in the case of 
    a person whose period of service in the uniformed services was for 
    more than 90 days--
            (A) in the position of employment in which the person would 
        have been employed if the continuous employment of such person 
        with the employer had not been interrupted by such service, or a 
        position of like seniority, status and pay, the duties of which 
        the person is qualified to perform; or
            (B) in the position of employment in which the person was 
        employed on the date of the commencement of the service in the 
        uniformed services, or a position of like seniority, status and 
        pay, the duties of which the person is qualified to perform, 
        only if the person is not qualified to perform the duties of a 
        position referred to in subparagraph (A) after reasonable 
        efforts by the employer to qualify the person.

        (3) In the case of a person who has a disability incurred in, or 
    aggravated during, such service, and who (after reasonable efforts 
    by the employer to accommodate the disability) is not qualified due 
    to such disability to be employed in the position of employment in 
    which the person would have been employed if the continuous 
    employment of such person with the employer had not been interrupted 
    by such service--
            (A) in any other position which is equivalent in seniority, 
        status, and pay, the duties of which the person is qualified to 
        perform or would become qualified to perform with reasonable 
        efforts by the employer; or
            (B) if not employed under subparagraph (A), in a position 
        which is the nearest approximation to a position referred to in 
        subparagraph (A) in terms of seniority, status, and pay 
        consistent with circumstances of such person's case.

        (4) In the case of a person who (A) is not qualified to be 
    employed in (i) the position of employment in which the person would 
    have been employed if the continuous employment of such person with 
    the employer had not been interrupted by such service, or (ii) in 
    the position of employment in which such person was employed on the 
    date of the commencement of the service in the uniformed services 
    for any reason (other than disability incurred in, or aggravated 
    during, service in the uniformed services), and (B) cannot become 
    qualified with reasonable efforts by the employer, in any other 
    position which is the nearest approximation to a position referred 
    to first in clause (A)(i) and then in clause (A)(ii) which such 
    person is qualified to perform, with full seniority.

    (b)(1) If two or more persons are entitled to reemployment under 
section 4312 in the same position of employment and more than one of 
them has reported for such reemployment, the person who left the 
position first shall have the prior right to reemployment in that 
position.
    (2) Any person entitled to reemployment under section 4312 who is 
not reemployed in a position of employment by reason of paragraph (1) 
shall be entitled to be reemployed as follows:
        (A) Except as provided in subparagraph (B), in any other 
    position of employment referred to in subsection (a)(1) or (a)(2), 
    as the case may be (in the order of priority set out in the 
    applicable subsection), that provides a similar status and pay to a 
    position of employment referred to in paragraph (1) of this 
    subsection, consistent with the circumstances of such person's case, 
    with full seniority.
        (B) In the case of a person who has a disability incurred in, or 
    aggravated during, a period of service in the uniformed services 
    that requires reasonable efforts by the employer for the person to 
    be able to perform the duties of the position of employment, in any 
    other position referred to in subsection (a)(3) (in the order of 
    priority set out in that subsection) that provides a similar status 
    and pay to a position referred to in paragraph (1) of this 
    subsection, consistent with circumstances of such person's case, 
    with full seniority.

(Added Pub. L. 103-353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3157; 
amended Pub. L. 104-275, title III, Sec. 311(5), Oct. 9, 1996, 110 Stat. 
3335.)


                            Prior Provisions

    A prior section 4313 was renumbered section 7613 of this title.


                               Amendments

    1996--Subsec. (a)(4). Pub. L. 104-275 substituted ``uniformed 
services'' for ``uniform services'' in cl. (A)(ii) and ``which is the 
nearest approximation to a position referred to first in clause (A)(i) 
and then in clause (A)(ii) which'' for ``of lesser status and pay 
which'' in cl. (B).


                    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, except that subsec. (a)(3) of this section 
applicable to reemployments initiated on or after Aug. 1, 1990, 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 sections 4312, 4314, 4315, 4319 of 
this title; title 2 section 1316; title 3 section 416.
