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Union Calendar No. 61 

111TH CONGRESS 

1ST SESSION H. R. 466 

[Report No. 111–118] 

To amend title 38, United States Code, to prohibit discrimination and acts 

of reprisal against persons who receive treatment for illnesses, injuries, 

and disabilities incurred in or aggravated by service in the uniformed 

services. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2009 

Mr. DOGGETT (for himself, Mr. BISHOP of New York, Mr. EDWARDS of 

Texas, Mr. FILNER, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 

MCGOVERN, and Mr. ORTIZ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

MAY 19, 2009 

Additional sponsors: Mr. SESTAK and Mr. HALL of New York 

MAY 19, 2009 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend title 38, United States Code, to prohibit discrimination and acts of reprisal against persons who receive 

treatment for illnesses, injuries, and disabilities incurred 

in or aggravated by service in the uniformed services. 


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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’’. 

6 SEC. 2. DISCRIMINATION AGAINST PERSONS WHO RECEIVE 

7 TREATMENT FOR ILLNESSES, INJURIES, AND 

8 DISABILITIES INCURRED IN OR AGGRAVATED 

9 BY SERVICE IN THE UNIFORMED SERVICES 

10 AND ACTS OF REPRISAL PROHIBITED. 

11 (a) PROHIBITION OF DISCRIMINATION AND ACTS OF

12 REPRISAL.—Section 4311 of title 38, United States Code, 

13 is amended— 

14 (1) in subsection (a)— 

15 (A) by inserting after ‘‘uniformed service’’ 

16 the following: ‘‘, or who has an illness, injury, 

17 or disability determined by the Secretary of 

18 Veterans Affairs to have been incurred in or ag19 gravated by such service,’’; and 

20 (B) by striking ‘‘or obligation’’ and insert21 ing ‘‘obligation, or receipt of treatment for that 

22 illness, injury, or disability’’; and 

23 (2) in subsection (c)— 

24 (A) by striking ‘‘or obligation for service’’ 

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1 tion for service, or receipt of treatment for an 

2 illness, injury, or disability incurred in or ag3 gravated by service’’; and 

4 (B) by striking ‘‘or obligation for service’’ 

5 the second time it appears and inserting ‘‘obli6 gation for service, or receipt of treatment’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a) shall apply with respect to treatment re9 ceived on or after the date of the enactment of this Act. 

10 SECTION 1. SHORT TITLE. 

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

12 Security Act’’. 

13 SEC. 2. RIGHTS OF PERSONS WHO RECEIVE TREATMENT 

14 FOR ILLNESSES, INJURIES, AND DISABILITIES 

15 INCURRED IN OR AGGRAVATED BY SERVICE 

16 IN THE UNIFORMED SERVICES. 

17 (a) RIGHTS OF PERSONS WHO RECEIVE TREAT18 MENT.— 

19 (1) IN GENERAL.—Subchapter II of chapter 43 of 

20 title 38, United States Code, is amended by adding 

21 at the end the following new section: 

22 ‘‘§ 4320. Rights of persons absent from employment for 

23 treatment of service-connected disabilities 

24 ‘‘(a) RETENTION.—Subject to subsection (e), a person 

25 who is absent from a position of employment by reason of 


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1 the receipt of medical treatment for a service-connected dis2 ability is entitled to be retained by the person’s employer. 

3 ‘‘(b) SENIORITY.—A person who is absent from em4 ployment by reason of the receipt of medical treatment for 

5 a service-connected disability and who is entitled to be re6 tained by the person’s employer under subsection (a) is enti7 tled to the seniority and other rights and benefits deter8 mined by seniority that the person had on the date of the 

9 commencement of such treatment plus the additional senior10 ity and rights and benefits that such person would have 

11 attained if the person had remained continuously employed. 

12 ‘‘(c) BENEFITS.—(1) A person who is absent from a 

13 position of employment by reason of the receipt of medical 

14 treatment for a service-connected disability and who is enti15 tled to be retained by the person’s employer under sub16 section (a) shall be— 

17 ‘‘(A) deemed to be on furlough or leave of absence 

18 while receiving such treatment; and 

19 ‘‘(B) entitled to such other rights and benefits 

20 not determined by seniority as are generally provided 

21 by the employer of the person to employees having 

22 similar seniority, status, and pay who are on fur23 lough or leave of absence under a contract, agreement, 

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1 ment of such service or established while such person 

2 is so absent. 

3 ‘‘(2)(A) Subject to subparagraph (C), a person de4 scribed in subparagraph (B) is not entitled to rights and 

5 benefits under paragraph (1)(B). 

6 ‘‘(B) A person described in this subparagraph is a per7 son who— 

8 ‘‘(i) is absent from a position of employment by 

9 reason of the receipt of medical treatment for a serv10 ice-connected disability; and 

11 ‘‘(ii) knowingly provides written notice of intent 

12 not to return to a position of employment after receiv13 ing such treatment. 

14 ‘‘(C) For the purposes of subparagraph (A), the em15 ployer shall have the burden of proving that a person know16 ingly provided clear written notice of intent not to return 

17 to a position of employment after being absent from employ18 ment by reason of the receipt of medical treatment and, in 

19 doing so, was aware of the specific rights and benefits to 

20 be lost under subparagraph (A). 

21 ‘‘(3) A person deemed to be on furlough or leave of 

22 absence under this subsection while receiving medical treat23 ment for a service-connected disability shall not be entitled 

24 under this subsection to any benefits to which the person 


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1 would not otherwise be entitled if the person had remained 

2 continuously employed. 

3 ‘‘(4) Such person may be required to pay the employee 

4 cost, if any, of any funded benefit continued pursuant to 

5 paragraph (1) to the extent other employees on furlough or 

6 leave of absence are so required. 

7 ‘‘(5) The entitlement of a person to coverage under a 

8 health plan is provided for under section 4317 of this title. 

9 ‘‘(6) The entitlement of a person to a right or benefit 

10 under an employee pension benefit plan is provided for 

11 under section 4318 of this title. 

12 ‘‘(d) LEAVE.—Any person who is absent from a posi13 tion of employment with an employer by reason of the re14 ceipt of medical treatment for a service-connected disability 

15 shall be permitted, upon request of that person, to use dur16 ing the period during which the person is so absent, any 

17 vacation, annual, medical, or similar leave with pay ac18 crued by the person before the commencement of such period. 

19 No employer may require any such person to use vacation, 

20 annual, family, medical, or similar leave during such pe21 riod. 

22 ‘‘(e) EXCEPTIONS.—(1) An employer is not required 

23 to retain a person under this section if— 


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1 ‘‘(A) the employer’s circumstances have so 

2 changed as to make such retention impossible or un3 reasonable; 

4 ‘‘(B) such retention would impose an undue 

5 hardship on the employer; or 

6 ‘‘(C) the employment from which the person is 

7 absent by reason of the receipt of medical treatment 

8 is for a brief, nonrecurrent period and there is no rea9 sonable expectation that such employment will con10 tinue indefinitely or for a significant period. 

11 ‘‘(2) In any proceeding involving an issue of whether 

12 (A) any retention referred to in paragraph (1) is impossible 

13 or unreasonable because of a change in an employer’s cir14 cumstances, (B) such retention would impose an undue 

15 hardship on the employer, or (C) the employment referred 

16 to in paragraph (1)(C) is for a brief, nonrecurrent period 

17 and there is no reasonable expectation that such employ18 ment will continue indefinitely or for a significant period, 

19 the employer shall have the burden of proving the impos20 sibility or unreasonableness, undue hardship, or the brief 

21 or nonrecurrent nature of the employment without a reason22 able expectation of continuing indefinitely or for a signifi23 cant period.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of such chapter is amended by 


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1 inserting after the item relating to section 4319 the 

2 following new item: 

‘‘4320. Rights of persons absent from employment for treatment of service-connected disabilities.’’. 

3 (b) HEALTH PLAN.—Section 4317 of title 38, United 

4 States Code, is amended by adding at the end the following 

5 new subsection: 

6 ‘‘(c) This section shall apply with respect to a person 

7 who is absent from a position of employment by reason of 

8 the receipt of medical treatment for a service-connected dis9 ability (other than a person described in section 

10 4320(c)(2)(B) of this title) on the same basis as a person 

11 who is absent from a position of employment by reason of 

12 service in the uniformed services. In the case of a person 

13 who is absent from a position of employment by reason of 

14 the receipt of medical treatment for a service-connected dis15 ability (other than a person described in section 

16 4320(c)(2)(B) of this title), the period during which the per17 son is so absent shall be treated as a period of service in 

18 the uniformed services for purposes of this section.’’. 

19 (c) EMPLOYEE PENSION BENEFIT PLANS.—Section 

20 4318 of title 38, United States Code, is amended by adding 

21 at the end the following new subsection: 

22 ‘‘(d) This section shall apply with respect to a person 

23 who is absent from a position of employment by reason of 

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1 ability (other than a person described in section 

2 4320(c)(2)(B) of this title) on the same basis as a person 

3 who is reemployed under this chapter. In the case of a per4 son who is absent from a position of employment by reason 

5 of the receipt of medical treatment for a service-connected 

6 disability (other than a person described in section 

7 4320(c)(2)(B) of this title), the period during which the per8 son is so absent shall be treated as a period of service in 

9 the uniformed services for purposes of this section.’’. 

10 (d) PROHIBITION OF DISCRIMINATION AND ACTS OF

11 REPRISAL.—Section 4311 of title 38, United States Code, 

12 is amended— 

13 (1) in subsection (a)— 

14 (A) by inserting after ‘‘uniformed service’’ 

15 the following: ‘‘, or who has an illness, injury, or 

16 disability determined by the Secretary of Vet17 erans Affairs to have been incurred in or aggra18 vated by such service,’’; and 

19 (B) by striking ‘‘or obligation’’ and insert20 ing ‘‘obligation, or receipt of treatment for that 

21 illness, injury, or disability’’; and 

22 (2) in subsection (c)— 

23 (A) by striking ‘‘or obligation for service’’ 

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1 ness, injury, or disability determined by the Sec2 retary of Veterans Affairs to have been incurred 

3 in or aggravated by service’’; and 

4 (B) by striking ‘‘or obligation for service’’ 

5 the second time it appears and inserting ‘‘obliga6 tion for service, or receipt of treatment’’. 

7 (e) EFFECTIVE DATE.—The amendments made by this 

8 section shall apply with respect to medical treatment re9 ceived on or after the date of the enactment of this Act. 

Amend the title so as to read: ‘‘A bill to amend title 

38, United States Code, to provide for certain rights and 

benefits for persons who are absent from positions of employment to receive medical treatment for service-connected disabilities.’’. 


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Union Calendar No. 61 

111TH CONGRESS 

1ST SESSION H. R. 466 

[Report No. 111–118] 

A BILL 

To amend title 38, United States Code, to prohibit 

service in the uniformed services. and disabilities incurred in or aggravated by sons who receive treatment for illnesses, injuries, discrimination and acts of reprisal against perMAY 19, 2009 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Nov 24 2008 00:02 May 20, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\H466.RH H466

wwoods2 on PROD1PC60 with BILLS