38 U.S.C. § 4313 : US Code - Section 4313: Reemployment positions

Search 38 U.S.C. § 4313 : US Code - Section 4313: Reemployment positions

(a) Subject to subsection (b) (in the case of any employee) and
sections 4314 and 4315 (in the case of an employee of the Federal
Government), a person entitled to reemployment under section 4312,
upon completion of a period of service in the uniformed services,
shall be promptly reemployed in a position of employment in
accordance with the following order of priority:
(1) Except as provided in paragraphs (3) and (4), in the case
of a person whose period of service in the uniformed services was
for less than 91 days -
(A) in the position of employment in which the person would
have been employed if the continuous employment of such person
with the employer had not been interrupted by such service, the
duties of which the person is qualified to perform; or
(B) in the position of employment in which the person was
employed on the date of the commencement of the service in the
uniformed services, only if the person is not qualified to
perform the duties of the position referred to in subparagraph
(A) after reasonable efforts by the employer to qualify the
person.
(2) Except as provided in paragraphs (3) and (4), in the case
of a person whose period of service in the uniformed services was
for more than 90 days -
(A) in the position of employment in which the person would
have been employed if the continuous employment of such person
with the employer had not been interrupted by such service, or
a position of like seniority, status and pay, the duties of
which the person is qualified to perform; or
(B) in the position of employment in which the person was
employed on the date of the commencement of the service in the
uniformed services, or a position of like seniority, status and
pay, the duties of which the person is qualified to perform,
only if the person is not qualified to perform the duties of a
position referred to in subparagraph (A) after reasonable
efforts by the employer to qualify the person.
(3) In the case of a person who has a disability incurred in,
or aggravated during, such service, and who (after reasonable
efforts by the employer to accommodate the disability) is not
qualified due to such disability to be employed in the position
of employment in which the person would have been employed if the
continuous employment of such person with the employer had not
been interrupted by such service -
(A) in any other position which is equivalent in seniority,
status, and pay, the duties of which the person is qualified to
perform or would become qualified to perform with reasonable
efforts by the employer; or
(B) if not employed under subparagraph (A), in a position
which is the nearest approximation to a position referred to in
subparagraph (A) in terms of seniority, status, and pay
consistent with circumstances of such person's case.
(4) In the case of a person who (A) is not qualified to be
employed in (i) the position of employment in which the person
would have been employed if the continuous employment of such
person with the employer had not been interrupted by such
service, or (ii) in the position of employment in which such
person was employed on the date of the commencement of the
service in the uniformed services for any reason (other than
disability incurred in, or aggravated during, service in the
uniformed services), and (B) cannot become qualified with
reasonable efforts by the employer, in any other position which
is the nearest approximation to a position referred to first in
clause (A)(i) and then in clause (A)(ii) which such person is
qualified to perform, with full seniority.
(b)(1) If two or more persons are entitled to reemployment under
section 4312 in the same position of employment and more than one
of them has reported for such reemployment, the person who left the
position first shall have the prior right to reemployment in that
position.
(2) Any person entitled to reemployment under section 4312 who is
not reemployed in a position of employment by reason of paragraph
(1) shall be entitled to be reemployed as follows:
(A) Except as provided in subparagraph (B), in any other
position of employment referred to in subsection (a)(1) or
(a)(2), as the case may be (in the order of priority set out in
the applicable subsection), that provides a similar status and
pay to a position of employment referred to in paragraph (1) of
this subsection, consistent with the circumstances of such
person's case, with full seniority.
(B) In the case of a person who has a disability incurred in,
or aggravated during, a period of service in the uniformed
services that requires reasonable efforts by the employer for the
person to be able to perform the duties of the position of
employment, in any other position referred to in subsection
(a)(3) (in the order of priority set out in that subsection) that
provides a similar status and pay to a position referred to in
paragraph (1) of this subsection, consistent with circumstances
of such person's case, with full seniority.