I 

112TH CONGRESS 

1ST SESSION H. R. 2875 

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 

SEPTEMBER 9, 2011 

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

DEFAZIO, Mr. FILNER, Mr. GRIJALVA, Ms. JACKSON LEE of Texas, Mr. 

REYES, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. AL GREEN of 

Texas, Mr. HINOJOSA, Mr. GONZALEZ, Mr. CUELLAR, Mr. GRIMM, Mr. 

MCGOVERN, Mr. STARK, Ms. SUTTON, Mr. TOWNS, Mr. GENE GREEN

of Texas, Mr. CONYERS, Mr. KISSELL, Ms. BORDALLO, Mr. RANGEL, Mr. 

DONNELLY of Indiana, Ms. RICHARDSON, and Mr. LUJA ́N) 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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Security Act’’. 

4 SEC. 2. EXPANSION OF DEFINITION OF SERVICE IN UNI5 FORMED SERVICES FOR PURPOSES OF 

6 USERRA. 

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

8 amended to read as follows: 

9 ‘‘(13) The term ‘service in the uniformed serv10 ices’ means the performance of duty on a voluntary 

11 or involuntary basis in a uniformed service under 

12 competent authority and includes active duty, active 

13 duty for training, initial active duty for training, in14 active duty training, full-time National Guard duty, 

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

16 of employment for the purpose of an examination to 

17 determine the fitness of the person to perform any 

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

19 from employment for the purpose of performing fu20 neral honors duty as authorized by section 12503 of 

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

22 which a person is absent from a position of employ23 ment for the purpose of obtaining medical treatment 

24 for an injury or illness recognized by the Secretary 

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


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

2 the Secretary of Defense.’’. 

3 SEC. 3. DOCUMENTATION OF TREATMENT FOR PURPOSES 

4 OF REEMPLOYMENT UNDER USERRA. 

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

6 (1) by redesignating paragraphs (2) through 

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

8 (2) by inserting after paragraph (1) the fol9 lowing new paragraph (2): 

10 ‘‘(2) A person who submits an application for reem11 ployment due to an absence for the purpose of obtaining 

12 medical treatment for an injury or illness referred to in 

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

14 employer (upon the request of such employer) documenta15 tion to establish the individual’s eligibility for reemploy16 ment on that basis. Such an application shall include suffi17 cient documentation to establish a link between the injury 

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

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

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

21 (1) or paragraph (2)’’; and 

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

23 (A) by striking ‘‘paragraph (2)’’ and in24 serting ‘‘paragraph (3)’’; and 


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1 (B) by striking ‘‘paragraph (1)’’ and in2 serting ‘‘paragraph (1) or should be deemed in3 eligible for reemployment on the grounds of 

4 paragraph (2)’’. 

5 SEC. 4. NOTIFICATION OF EMPLOYER OF INTENT TO RE6 TURN TO A POSITION OF EMPLOYMENT. 

7 Section 4312(e)(1)(A) of such title is amended by in8 serting after ‘‘31 days’’ the following: ‘‘or a person who 

9 was absent from a position of employment for the purpose 

10 of obtaining medical treatment for an injury or illness rec11 ognized by the Secretary of Veterans Affairs as a service12 connected, or for which a ‘line of duty’ document has been 

13 granted by the Secretary of Defense’’. 

14 SEC. 5. EFFECTIVE DATE. 

15 The amendments made by this Act shall take effect 

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

17 of this Act. 

Æ 


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