Title 3 › Chapter CHAPTER 5— - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL OFFICES › Subchapter SUBCHAPTER II— - EXTENSION OF RIGHTS AND PROTECTIONS › Part Part A— - Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation › § 416
An employing office must not treat a covered worker who is serving in the uniformed services unfairly. It cannot discriminate against that worker, refuse to give them their reemployment rights, or deny them benefits listed in sections 4316, 4317, and 4318 of title 38. An "eligible employee" means a covered worker doing uniformed service whose service has not ended for one of the reasons listed in section 4304 of title 38. If an employing office breaks these rules, the worker can get money damages like those allowed under section 4323(d) of title 38. The President (or the President’s designee) must write rules to carry out these protections. Those rules should follow the Secretary of Labor’s rules unless the President shows a good reason to change them and explains it. The President may also use rules from sections 4314 or 4324 for executive-branch workers instead of similar rules if they work just as well and make things uniform. The bans and the right to damages start on the earlier of the rules’ effective date or October 1, 1998.
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The President — Source: USLM XML via OLRC
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Citation
3 U.S.C. § 416
Title 3 — The President
Last Updated
Apr 6, 2026
Release point: 119-73