I 

113TH CONGRESS 

1ST SESSION H. R. 1774 

To amend title 38, United States Code, to provide for the reemployment 

of certain persons following absences from a position of employment 

for the purpose of obtaining medical treatment for certain injuries and 

illnesses, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2013 

Mr. DOGGETT (for himself, Mr. GRIMM, Mr. CARTWRIGHT, Mr. CONYERS, Mr. 

DEFAZIO, Mr. GRIJALVA, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. 

LEE of California, Mr. MCGOVERN, Mr. RANGEL, Mr. HINOJOSA, Ms. 

NORTON, Mr. ENYART, Mr. DINGELL, and Mr. BISHOP of New York) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide for the 

reemployment of certain persons following absences from 

a position of employment for the purpose of obtaining 

medical treatment for certain injuries and illnesses, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wounded Veteran Job 

5 Security Act’’. 


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1 SEC. 2. EXPANSION OF DEFINITION OF SERVICE IN UNI2 FORMED SERVICES FOR PURPOSES OF 

3 USERRA. 

4 Section 4303(13) of title 38, United States Code, is 

5 amended to read as follows: 

6 ‘‘(13) The term ‘service in the uniformed serv7 ices’ means the performance of duty on a voluntary 

8 or involuntary basis in a uniformed service under 

9 competent authority and includes active duty, active 

10 duty for training, initial active duty for training, in11 active duty training, full-time National Guard duty, 

12 a period for which a person is absent from a position 

13 of employment for the purpose of an examination to 

14 determine the fitness of the person to perform any 

15 such duty, a period for which a person is absent 

16 from employment for the purpose of performing fu17 neral honors duty as authorized by section 12503 of 

18 title 10 or section 115 of title 32, and a period for 

19 which a person is absent from a position of employ20 ment for the purpose of obtaining medical treatment 

21 for an injury or illness recognized by the Secretary 

22 of Veterans Affairs as a service-connected, or for 

23 which a ‘line of duty’ document has been granted by 

24 the Secretary of Defense.’’. 


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1 SEC. 3. DOCUMENTATION OF TREATMENT FOR PURPOSES 

2 OF REEMPLOYMENT UNDER USERRA. 

3 Section 4312(f) of such title is amended— 

4 (1) by redesignating paragraphs (2) through 

5 (4) as paragraphs (3) through (5); 

6 (2) by inserting after paragraph (1) the fol7 lowing new paragraph (2): 

8 ‘‘(2) A person who submits an application for reem9 ployment due to an absence for the purpose of obtaining 

10 medical treatment for an injury or illness referred to in 

11 section 4303(13) of this title shall provide to the person’s 

12 employer (upon the request of such employer) documenta13 tion to establish the individual’s eligibility for reemploy14 ment on that basis. Such an application shall include suffi15 cient documentation to establish a link between the injury 

16 or illness and the medical treatment the person obtained.’’; 

17 (3) in paragraph (3), as so redesignated, by 

18 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph 

19 (1) or paragraph (2)’’; and 

20 (4) in paragraph (4)(A), as so redesignated— 

21 (A) by striking ‘‘paragraph (2)’’ and in22 serting ‘‘paragraph (3)’’; and 

23 (B) by striking ‘‘paragraph (1)’’ and in24 serting ‘‘paragraph (1) or should be deemed in25 eligible for reemployment on the grounds of 

26 paragraph (2)’’. 


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1 SEC. 4. NOTIFICATION OF EMPLOYER OF INTENT TO RE2 TURN TO A POSITION OF EMPLOYMENT. 

3 Section 4312(e)(1)(A) of such title is amended by in4 serting after ‘‘31 days’’ the following: ‘‘or a person who 

5 was absent from a position of employment for the purpose 

6 of obtaining medical treatment for an injury or illness rec7 ognized by the Secretary of Veterans Affairs as a service8 connected, or for which a ‘line of duty’ document has been 

9 granted by the Secretary of Defense’’. 

10 SEC. 5. EFFECTIVE DATE. 

11 The amendments made by this Act shall take effect 

12 on the date that is 90 days after the date of the enactment 

13 of this Act. 

Æ 


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