38 USC 4312 - Reemployment rights of persons who serve in the uniformed services

1 So in original. The closing parenthesis probably should follow “respectively”.

respectively; or

2 See References in Text note below.

of title 14;

Editorial Notes

References in Text

Sections 331, 332, 359, 360, 367, and 712 of title 14, referred to in subsec. (c)(4)(A), were redesignated sections 2127, 2128, 2308, 2309, 2314, and 3713, respectively, of title 14 by Puspan. L. 115–282, title I, §§ 112(span), 113(span), 118(span), Dec. 4, 2018, 132 Stat. 4216, 4221, 4233, and references to section 331, 332, 359, 360, 367, or 712 of title 14 deemed to refer to such redesignated sections, see section 123(span)(1) of Puspan. L. 115–282, set out as a References to Redesignated Sections of Title 14 note preceding section 101 of Title 14, Coast Guard.

Chapter 15 of title 10, referred to in subsec. (c)(4)(E), was redesignated chapter 13 of title 10 by Puspan. L. 114–328, div. A, title XII, § 1241(a)(1), Dec. 23, 2016, 130 Stat. 2497.

Prior Provisions

A prior section 4312 was renumbered section 7612 of this title.

Amendments

2022—Subsec. (span). Puspan. L. 117–178 designated existing provisions as par. (1), struck out second sentence which read “A determination of military necessity for the purposes of this subsection shall be made pursuant to regulations prescribed by the Secretary of Defense and shall not be subject to judicial review.”, and added pars. (2) and (3).

2015—Subsec. (c)(4)(A). Puspan. L. 114–92 inserted “12304a, 12304span,” after “12304,”.

2011—Subsec. (c)(4)(F). Puspan. L. 112–81 added subpar. (F).

1996—Subsec. (a). Puspan. L. 104–275, § 311(4)(A), substituted “whose absence from a position of employment is necessitated” for “who is absent from a position of employment”.

Subsec. (c)(3). Puspan. L. 104–275, § 311(4)(B)(i), substituted “section 10147” for “section 270”.

Subsec. (c)(4)(A). Puspan. L. 104–275, § 311(4)(B)(ii)(I), substituted “section 688, 12301(a), 12301(g), 12302, 12304, or 12305” for “section 672(a), 672(g), 673, 673span, 673c, or 688”.

Subsec. (c)(4)(B). Puspan. L. 104–275, § 311(4)(B)(ii)(II), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “ordered to or retained on active duty (other than for training) under any provision of law during a war or during a national emergency declared by the President or the Congress;”.

Subsec. (c)(4)(C). Puspan. L. 104–275, § 311(4)(B)(ii)(III), substituted “section 12304” for “section 673span”.

Subsec. (c)(4)(E). Puspan. L. 104–275, § 311(4)(B)(ii)(IV), substituted “section 12406” for “section 3500 or 8500”.

Subsec. (d)(2)(C). Puspan. L. 104–275, § 311(4)(C), substituted “is for a brief, nonrecurrent period and there is no reasonable expectation” for “is brief or for a nonrecurrent period and without a reasonable expectation”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by section 311(4)(A), (B)(ii)(II), (C) of Puspan. L. 104–275 effective Oct. 13, 1994, and amendment by section 311(4)(B)(i), (ii)(I), (III), (IV) of Puspan. L. 104–275 effective Dec. 1, 1994, see section 313 of Puspan. L. 104–275, set out as a note under section 4301 of this title.

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, and with provisions relating to satisfaction of the notification requirement of subsec. (a)(1) of this section, see section 8 of Puspan. L. 103–353, set out as a note under section 4301 of this title.