§ 415 TITLE 3—THE PRESIDENT Page 52

REFERENCES IN TEXT

Sections 3 and 6 of the Employee Polygraph Protection Act of 1988, referred to in subsecs. (a) and (b), are

classified to sections 2002 and 2005, respectively, of

Title 29, Labor.

EFFECTIVE DATE

Subsec. (c) of this section effective Oct. 26, 1996, see

section 471(b) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 471 of this title.

§ 415. Rights and protections under the Worker

Adjustment and Retraining Notification Act

(a) WORKER ADJUSTMENT AND RETRAINING NOTIFICATION RIGHTS.—

(1) IN GENERAL.—Except as provided in paragraph (2), no employing office shall be closed

or mass layoff ordered within the meaning of

section 3 of the Worker Adjustment and Retraining Notification Act until the end of a 60-

day period after the employing office serves

written notice of such prospective closing or

layoff to representatives of covered employees

or, if there are no representatives, to covered

employees.

(2) EXCEPTION.—

(A) IN GENERAL.—In the event that a President (hereinafter in this paragraph referred

to as the ‘‘previous President’’) is not elected to a successive term in office as a result

of the election of a new President—

(i) no notice or waiting period shall be

required under paragraph (1) with respect

to the separation of any individual described in subparagraph (B), if such separation occurs pursuant to a closure or mass

layoff ordered after the term of the new

President commences; and

(ii) if any individual is separated from

service, or begins a period of leave under

the Family and Medical Leave Act of 1993,

before such term commences, nothing in

this chapter shall require reinstatement or

restoration to employment of the individual after such term commences.

(B) DESCRIPTION OF INDIVIDUALS.—An individual described in this subparagraph is any

covered employee serving pursuant to an appointment made during—

(i) the term of office of the previous

President; or

(ii) any term, earlier than the term referred to in clause (i), during which such

previous President served as President or

Vice President.

(b) REMEDY.—The remedy for a violation of

subsection (a) shall be such damages as would be

appropriate if awarded under paragraphs (1), (2),

and (4) of section 5(a) of the Worker Adjustment

and Retraining Notification Act.

(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) 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.

(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) October 1, 1998.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110

Stat. 4059.)

REFERENCES IN TEXT

Sections 3 and 5 of the Worker Adjustment and Retraining Notification Act, referred to in subsecs. (a)(1)

and (b), are classified to sections 2102 and 2104, respectively, of Title 29, Labor.

The Family and Medical Leave Act of 1993, referred to

in subsec. (a)(2)(A)(ii), is Pub. L. 103–3, Feb. 5, 1993, 107

Stat. 6, as amended, which enacted sections 60m and

60n of Title 2, The Congress, sections 6381 to 6387 of

Title 5, Government Organization and Employees, and

chapter 28 (§2601 et seq.) of Title 29, amended section

2105 of Title 5, and enacted provisions set out as notes

under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set

out under section 2601 of Title 29 and Tables.

EFFECTIVE DATE

Subsec. (c) of this section effective Oct. 26, 1996, see

section 471(b) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 471 of this title.

§ 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) discriminate, within the meaning of

subsections (a) and (b) of section 4311 of title

38, 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.—For purposes of this section,

the term ‘‘eligible employee’’ means a covered

employee performing service in the uniformed

services, within the meaning of section 4303(13)

of title 38, whose service has not been terminated upon the occurrence of any of the events

enumerated in section 4304 of such title.

(b) REMEDY.—The remedy for a violation of

subsection (a) shall be such damages as would be

appropriate if awarded under paragraphs (1) and

(2)(A) of section 4323(c) of title 38.

(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