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38 U.S.C. § 4312

Reemployment rights of persons who serve in the uniformed services

United States · Title 38 — VETERANS’ BENEFITS · Status: effective

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38 U.S.C. § 4312, Reemployment rights of persons who serve in the uniformed services, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/473385
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Full text

Subject to subsections (b), (c), and (d) and to section 4304, any person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this chapter if— A determination of military necessity for purposes of paragraph (1) shall be made— Subsection (a) shall apply to a person who is absent from a position of employment by reason of service in the uniformed services if such person’s cumulative period of service in the uniformed services, with respect to the employer relationship for which a person seeks reemployment, does not exceed five years, except that any such period of service shall not include any service— performed by a member of a uniformed service who is— An employer is not required to reemploy a person under this chapter if— In any proceeding involving an issue of whether— Subject to paragraph (2), a person referred to in subsection (a) shall, upon the completion of a period of service in the uniformed services, notify the employer referred to in such subsection of the person’s intent to return to a position of employment with such employer as follows: In the case of a person whose period of service in the uniformed services was less than 31 days, by reporting to the employer— A person who submits an application for reemployment in accordance with subparagraph (C) or (D) of subsection (e)(1) or subsection (e)(2) shall provide to the person’s employer (upon the request of such employer) documentation to establish that—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 103-353(H.R. 995)1994-10-13
    Uniformed Services Employment and Reemployment Rights Act of 1994
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 104-275(S. 1711)1996-10-09
    Veterans' Benefits Improvements Act of 1996
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 112-81(H.R. 1540)2011-12-31
    National Defense Authorization Act for Fiscal Year 2012
  • Amended byPub. L. 114-92(S. 1356)2015-11-25
    National Defense Authorization Act for Fiscal Year 2016
    House: 370–58Senate: no recorded tally
  • Amended byPub. L. 117-178(S. 2293)2022-09-29
    CREW Act
    House: 387–38Senate: no recorded tally