§415 Rights and protections under the Worker Adjustment and Retraining Notification Act

Summary

Federal offices must give 60 days’ written notice before they close or order a mass layoff. The notice goes to employee representatives or, if there are none, to the employees themselves. If a President loses reelection and a new President takes office, no notice or waiting period is required for people who were appointed during the previous President’s term (or during an earlier term when that person was President or Vice President) if the layoff or closing happens after the new President starts. If one of those people was separated or began leave under the Family and Medical Leave Act of 1993 before the new term began, the law does not require them to be rehired or restored after the new President takes office. If the rule is broken, the harmed workers get the same money damages the WARN Act lists in section 5(a), paragraphs (1), (2), and (4). The President or a designee must write rules to put these requirements into practice. Those rules should match the Labor Department’s rules unless the President gives a good reason and explains any changes. These rules take effect when issued or by October 1, 1998, whichever comes first.