38 USC Chapter 43 - EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES | Title 38 - Veterans Benefits | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

prev | next

SUBCHAPTER I—GENERAL Sec. 4301. Purposes; sense of Congress. 4302. Relation to other law and plans or agreements. 4303. Definitions. 4304. Character of service. SUBCHAPTER II—EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS 4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited. 4312. Reemployment rights of persons who serve in the uniformed services. 4313. Reemployment positions. 4314. Reemployment by the Federal Government. 4315. Reemployment by certain Federal agencies. 4316. Rights, benefits, and obligations of persons absent from employment for service in a uniformed service. 4317. Health plans. 4318. Employee pension benefit plans. 4319. Employment and reemployment rights in foreign countries. SUBCHAPTER III—PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATION 4321. Assistance in obtaining reemployment or other employment rights or benefits. 4322. Enforcement of employment or reemployment rights. 4323. Enforcement of rights with respect to a State or private employer. 4324. Enforcement of rights with respect to Federal executive agencies. 4325. Enforcement of rights with respect to certain Federal agencies. 4326. Conduct of investigation; subpoenas. 4327. Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 4331. Regulations. 4332. Reports. 4333. Outreach. 4334. Notice of rights and duties. 4335. Training for Federal executive agency human resources personnel on employment and reemployment rights and limitations.

Codification

This chapter was originally added by Pub. L. 93–508, title IV, § 404(a),Dec. 3, 1974, 88 Stat. 1594, and amended by Pub. L. 94–286, May 14, 1976, 90 Stat. 517; Pub. L. 94–502, Oct. 15, 1976, 90 Stat. 2383; Pub. L. 96–466, Oct. 17, 1980, 94 Stat. 2171; Pub. L. 97–295, Oct. 12, 1982, 96 Stat. 1287; Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3335; Pub. L. 99–576, Oct. 28, 1986, 100 Stat. 3248; Pub. L. 102–12, Mar. 18, 1991, 105 Stat. 34; Pub. L. 102–25, Apr. 6, 1991, 105 Stat. 75; Pub. L. 102–568, Oct. 29, 1992, 106 Stat. 4320. This chapter is shown here, however, as having been added by Pub. L. 103–353, § 2(a),Oct. 13, 1994, 108 Stat. 3150, without reference to those intervening amendments because of the general amendment of this chapter by Pub. L. 103–353.

A prior chapter 43 “Mustering-Out Payments”, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1222, 1223, consisted of sections 2101 to 2105, prior to repeal by Pub. L. 89–50, § 1(a),June 24, 1965, 79 Stat. 173.

Amendments

2008—Pub. L. 110–389, title III, §§ 311(f)(2), 313 (b),Oct. 10, 2008, 122 Stat. 4164, 4167, added items 4327 and 4335.

2004—Pub. L. 108–454, title II, § 203(b),Dec. 10, 2004, 118 Stat. 3606, added item 4334.

1998—Pub. L. 105–368, title II, § 212(b)(2),Nov. 11, 1998, 112 Stat. 3331, added item 4319.

The table below lists the classification updates, since Jan. 3, 2012, for the contained sections. If there are multiple sections, they are presented in section number order (original document order).

The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

The Public Law field is linked to the development of the law in the Thomas system at the Library of Congress.

The Statutes at Large field is linked to the text of the law, in the context of its volume of the Statutes at Large, at the Government Printing Office. Please note that it takes a while for these pages to get posted, so for very recent legislation, you need to look at the "enrolled" version at the Thomas site.

The Statutes at Large references have been rendered in the format used as page numbers in the Public Law web pages to which we link, to facilitate copy-paste into browser "find on this (web) page" tools. We are still working on a more direct link facility.

For serious comparison work, we suggest copying all or a portion of the Public Law text into your favorite text editor, for convenient content traversal and window control.

Sections with change type "new" are a special case, still under development. All are now listed, at the title level only.

You will find that occassionally a specific update you notice in a Public Law listed in a classification table will already have made it into the Code. We assume this is an artifact of the LRC edit process. The LII does not edit the LRC content.

top

General Reference

Refer to the LRC (Law Revision Council) for explanations about the US Code from the folks who put it all together.

You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

38 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 4301	nt	2012	112-234 [Sec.] 2(d)	126 Stat. 1624

38 USC Chapter 43 - EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES

U.S. Code Toolbox

Law about... Articles from Wex

Find a Lawyer

Get Involved