§4314 — Title 38 Veterans' Benefits | U.S. Code

Summary

People who have the right to be reemployed under section 4312 must be put back to work in a job that meets the rules in section 4313, unless another part of the law says otherwise. If the agency that employed the person no longer exists or truly cannot rehire them, the Director of the Office of Personnel Management (OPM) must find a job at another Federal executive agency that matches the person’s seniority, status, and pay and that the person can do, and make sure the person is offered that job. The same OPM help applies if a legislative or judicial office or a State adjutant general (for National Guard technicians under section 709 of title 32) says it is impossible or unreasonable to rehire the person; the person can apply to OPM for the alternative job offer.

Title 38, §4314

Veterans' Benefits — Source: USLM XML via OLRC

(a)Except as provided in subsections (b), (c), and (d), if a person is entitled to reemployment by the Federal Government under section 4312, such person shall be reemployed in a position of employment as described in section 4313.

(b)(1)If the Director of the Office of Personnel Management makes a determination described in paragraph (2) with respect to a person who was employed by a Federal executive agency at the time the person entered the service from which the person seeks reemployment under this section, the Director shall—

(A)identify a position of like seniority, status, and pay at another Federal executive agency that satisfies the requirements of section 4313 and for which the person is qualified; and

(B)ensure that the person is offered such position.

(2)The Director shall carry out the duties referred to in subparagraphs (A) and (B) of paragraph (1) if the Director determines that—

(A)the Federal executive agency that employed the person referred to in such paragraph no longer exists and the functions of such agency have not been transferred to another Federal executive agency; or

(B)it is impossible or unreasonable for the agency to reemploy the person.

(c)If the employer of a person described in subsection (a) was, at the time such person entered the service from which such person seeks reemployment under this section, a part of the judicial branch or the legislative branch of the Federal Government, and such employer determines that it is impossible or unreasonable for such employer to reemploy such person, such person shall, upon application to the Director of the Office of Personnel Management, be ensured an offer of employment in an alternative position in a Federal executive agency on the basis described in subsection (b).

(d)If the adjutant general of a State determines that it is impossible or unreasonable to reemploy a person who was a National Guard technician employed under section 709 of title 32, such person shall, upon application to the Director of the Office of Personnel Management, be ensured an offer of employment in an alternative position in a Federal executive agency on the basis described in subsection (b).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 4314 was renumbered section 7614 of this title.

Statutory Notes and Related Subsidiaries

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, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.

§4314 Reemployment by the Federal Government