FEMA Intermittent Personnel Employment and Reemployment Rights Act of 2022

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide certain employment rights to reservists of the Federal Emergency Management Agency, and for other purposes. 1. Short title This Act may be cited as the FEMA Intermittent Personnel Employment and Reemployment Rights Act of 2022 2. Personnel performing service responding to presidentially declared major disasters and emergencies Section 306 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5149 (d) Personnel performing service responding to disasters and emergencies (1) USERRA Employment and Reemployment Rights The protections, rights, benefits, and obligations provided under chapter 43 (2) Notice of absence from position of employment Preclusion of giving notice of service by necessity of service under subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 401 and 501 or to train for such service shall be considered preclusion by military necessity . 3. Extension of certain employment and reemployment rights to FEMA reservists (a) In general Section 4303 of title 38, United States Code, is amended— (1) in paragraph (13), by inserting before , and a period , a period for which a person is absent from a position of employment due to an appointment into service in the Federal Emergency Management Agency as intermittent personnel under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5149(b)(1) (2) by redesignating the second paragraph (16) (relating to uniformed services) as paragraph (17); and (3) in paragraph (17), as so redesignated, by inserting before and any other category intermittent personnel who are appointed into Federal Emergency Management Agency service under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5149(b)(1) (b) Modification of exception for requirement for members of uniformed services To provide notice to employers To obtain certain employment and reemployment rights Section 4312(b) of title 38, United States Code, is amended— (1) by striking the second sentence; (2) by inserting (1) No notice (3) by adding at the end the following new paragraph: (2) A determination of military necessity for purposes of paragraph (1) shall be made— (A) except as provided in subparagraphs (B) and (C), pursuant to regulations prescribed by the Secretary of Defense; (B) for persons performing service to the Federal Emergency Management Agency under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165f 42 U.S.C. 5149(b)(1) 42 U.S.C. 5165f(j)(2) (C) for intermittent disaster-response appointees of the National Disaster Medical System, by the Secretary of Health and Human Services as described in section 2812(d)(3)(B) of the Public Health Service Act ( 42 U.S.C. 300hh–11(d)(3)(B) (3) A determination of military necessity under paragraph (1) shall not be subject to judicial review. .

Summary: FEMA Intermittent Personnel Employment and Reemployment Rights Act of 2022 This bill makes employment protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA) applicable to Federal Emergency Management Agency (FEMA) reservists who deploy to major disaster and emergency sites. It allows such reservists to claim such rights under USERRA even if they do not provide notice of their absence from work due to deployment.