US Code

Public Law 119-73 (01/23/2026)

3 U.S.C. § 416

Rights and protections relating to veterans’ employment and reemployment

(a)

Employment and Reemployment Rights of Members of the Uniformed Services.—

(1)

In general .—

It shall be unlawful for an employing office to—
(A)
section 4311 of title 38 discriminate, within the meaning of subsections (a) and (b) of , against an eligible employee;
(B)
deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38; or
(C)
deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38.
(2)

Definition .—

section 4303(13) of title 38For purposes of this section, the term “eligible employee” means a covered employee performing service in the uniformed services, within the meaning of , whose service has not been terminated upon the occurrence of any of the events enumerated in section 4304 of such title.
(b)

Remedy .—

section 4323(d) of title 38The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under .
(c)

Regulations To Implement Section.—

(1)

In general .—

The President, or the designee of the President, shall issue regulations to implement this section.
(2)

Agency regulations .—

The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b)—
(A)
except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
(B)
except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 4314 or 4324 of title 38, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—
(i)
would be equally effective for the implementation of the rights and protections under this section; and
(ii)
would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.
(d)

Effective Date .—

Subsections (a) and (b) shall take effect on the earlier of—
(1)
the effective date of regulations issued under subsection (c); or
(2)
.

Pub. L. 104–331, § 2(a)110 Stat. 4060Pub. L. 111–275, title VII, § 703(c)124 Stat. 2888(Added , , ; amended , , .)

Editorial Notes

Amendments

Pub. L. 111–275section 4323(d) of title 38section 4323(c) of title 382010—Subsec. (b). substituted “under ” for “under paragraphs (1) and (2)(A) of ”.

Statutory Notes and Related Subsidiaries

Effective Date

section 471(b) of this titleSubsec. (c) of this section effective , see .