§415 Rights and Protections Under the Worker Adjustment and Retraining Notification Act

Summary

Federal workplaces must give written notice to workers or their representatives and then wait 60 days before closing or ordering a big layoff. If a President loses re-election and a new President takes office, no notice or waiting period is needed for removing employees who were appointed during the previous President’s term (or during an earlier term when that same person was President or Vice President) if the removal happens after the new President starts. If someone is separated or goes on Family and Medical Leave before the new President’s term begins, the law does not require that person to be put back to work after the new President takes office. Workers who lose out because the notice rule was broken can get the same money damages listed in section 5(a), paragraphs (1), (2), and (4) of the WARN Act. The President or the President’s designee must write rules to carry out these requirements. Those rules should match the Labor Secretary’s WARN rules unless the President shows a good reason and explains the change. These rules take effect when issued or by October 1, 1998, whichever comes first.