IB 
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 re-
ferred 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 discrimi-
nation 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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Wounded Veteran Job 
Security Act’’. 
SEC. 2. DISCRIMINATION AGAINST PERSONS WHO RECEIVE 
TREATMENT FOR ILLNESSES, INJURIES, AND 
DISABILITIES INCURRED IN OR AGGRAVATED 
BY SERVICE IN THE UNIFORMED SERVICES 
AND ACTS OF REPRISAL PROHIBITED. 
(a) PROHIBITION OF DISCRIMINATION AND ACTS OF 
REPRISAL.—Section 4311 of title 38, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) by inserting after ‘‘uniformed service’’ 
the following: ‘‘, or who has an illness, injury, 
or disability determined by the Secretary of 
Veterans Affairs to have been incurred in or ag-
gravated by such service,’’; and 
(B) by striking ‘‘or obligation’’ and insert-
ing ‘‘obligation, or receipt of treatment for that 
illness, injury, or disability’’; and 
(2) in subsection (c)— 
(A) by striking ‘‘or obligation for service’’ 
the first time it appears and inserting ‘‘obliga-
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tion for service, or receipt of treatment for an 
illness, injury, or disability incurred in or ag-
gravated by service’’; and 
(B) by striking ‘‘or obligation for service’’ 
the second time it appears and inserting ‘‘obli-
gation for service, or receipt of treatment’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to treatment re-
ceived on or after the date of the enactment of this Act. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Wounded Veteran Job 
Security Act’’. 
SEC. 2. RIGHTS OF PERSONS WHO RECEIVE TREATMENT 
FOR ILLNESSES, INJURIES, AND DISABILITIES 
INCURRED IN OR AGGRAVATED BY SERVICE 
IN THE UNIFORMED SERVICES. 
(a) RIGHTS
OF PERSONS WHO RECEIVE TREAT-
MENT.— 
(1) IN GENERAL.—Subchapter II of chapter 43 of 
title 38, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 4320. Rights of persons absent from employment for 
treatment of service-connected disabilities 
‘‘(a) RETENTION.—Subject to subsection (e), a person 
who is absent from a position of employment by reason of 
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the receipt of medical treatment for a service-connected dis-
ability is entitled to be retained by the person’s employer. 
‘‘(b) SENIORITY.—A person who is absent from em-
ployment by reason of the receipt of medical treatment for 
a service-connected disability and who is entitled to be re-
tained by the person’s employer under subsection (a) is enti-
tled to the seniority and other rights and benefits deter-
mined by seniority that the person had on the date of the 
commencement of such treatment plus the additional senior-
ity and rights and benefits that such person would have 
attained if the person had remained continuously employed. 
‘‘(c) BENEFITS.—(1) A person who is absent from a 
position of employment by reason of the receipt of medical 
treatment for a service-connected disability and who is enti-
tled to be retained by the person’s employer under sub-
section (a) shall be— 
‘‘(A) deemed to be on furlough or leave of absence 
while receiving such treatment; and 
‘‘(B) entitled to such other rights and benefits 
not determined by seniority as are generally provided 
by the employer of the person to employees having 
similar seniority, status, and pay who are on fur-
lough or leave of absence under a contract, agreement, 
policy, practice, or plan in effect at the commence-
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ment of such service or established while such person 
is so absent. 
‘‘(2)(A) Subject to subparagraph (C), a person de-
scribed in subparagraph (B) is not entitled to rights and 
benefits under paragraph (1)(B). 
‘‘(B) A person described in this subparagraph is a per-
son who— 
‘‘(i) is absent from a position of employment by 
reason of the receipt of medical treatment for a serv-
ice-connected disability; and 
‘‘(ii) knowingly provides written notice of intent 
not to return to a position of employment after receiv-
ing such treatment. 
‘‘(C) For the purposes of subparagraph (A), the em-
ployer shall have the burden of proving that a person know-
ingly provided clear written notice of intent not to return 
to a position of employment after being absent from employ-
ment by reason of the receipt of medical treatment and, in 
doing so, was aware of the specific rights and benefits to 
be lost under subparagraph (A). 
‘‘(3) A person deemed to be on furlough or leave of 
absence under this subsection while receiving medical treat-
ment for a service-connected disability shall not be entitled 
under this subsection to any benefits to which the person 
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would not otherwise be entitled if the person had remained 
continuously employed. 
‘‘(4) Such person may be required to pay the employee 
cost, if any, of any funded benefit continued pursuant to 
paragraph (1) to the extent other employees on furlough or 
leave of absence are so required. 
‘‘(5) The entitlement of a person to coverage under a 
health plan is provided for under section 4317 of this title. 
‘‘(6) The entitlement of a person to a right or benefit 
under an employee pension benefit plan is provided for 
under section 4318 of this title. 
‘‘(d) LEAVE.—Any person who is absent from a posi-
tion of employment with an employer by reason of the re-
ceipt of medical treatment for a service-connected disability 
shall be permitted, upon request of that person, to use dur-
ing the period during which the person is so absent, any 
vacation, annual, medical, or similar leave with pay ac-
crued by the person before the commencement of such period. 
No employer may require any such person to use vacation, 
annual, family, medical, or similar leave during such pe-
riod. 
‘‘(e) EXCEPTIONS.—(1) An employer is not required 
to retain a person under this section if— 
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‘‘(A) the employer’s circumstances have so 
changed as to make such retention impossible or un-
reasonable; 
‘‘(B) such retention would impose an undue 
hardship on the employer; or 
‘‘(C) the employment from which the person is 
absent by reason of the receipt of medical treatment 
is for a brief, nonrecurrent period and there is no rea-
sonable expectation that such employment will con-
tinue indefinitely or for a significant period. 
‘‘(2) In any proceeding involving an issue of whether 
(A) any retention referred to in paragraph (1) is impossible 
or unreasonable because of a change in an employer’s cir-
cumstances, (B) such retention would impose an undue 
hardship on the employer, or (C) the employment referred 
to in paragraph (1)(C) is for a brief, nonrecurrent period 
and there is no reasonable expectation that such employ-
ment will continue indefinitely or for a significant period, 
the employer shall have the burden of proving the impos-
sibility or unreasonableness, undue hardship, or the brief 
or nonrecurrent nature of the employment without a reason-
able expectation of continuing indefinitely or for a signifi-
cant period.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
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inserting after the item relating to section 4319 the 
following new item: 
‘‘4320. Rights of persons absent from employment for treatment of service-con-
nected disabilities.’’. 
(b) HEALTH PLAN.—Section 4317 of title 38, United 
States Code, is amended by adding at the end the following 
new subsection: 
‘‘(c) This section shall apply with respect to a person 
who is absent from a position of employment by reason of 
the receipt of medical treatment for a service-connected dis-
ability (other than a person described in section 
4320(c)(2)(B) of this title) on the same basis as a person 
who is absent from a position of employment by reason of 
service in the uniformed services. In the case of a person 
who is absent from a position of employment by reason of 
the receipt of medical treatment for a service-connected dis-
ability (other than a person described in section 
4320(c)(2)(B) of this title), the period during which the per-
son is so absent shall be treated as a period of service in 
the uniformed services for purposes of this section.’’. 
(c) EMPLOYEE PENSION BENEFIT PLANS.—Section 
4318 of title 38, United States Code, is amended by adding 
at the end the following new subsection: 
‘‘(d) This section shall apply with respect to a person 
who is absent from a position of employment by reason of 
the receipt of medical treatment for a service-connected dis-
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ability (other than a person described in section 
4320(c)(2)(B) of this title) on the same basis as a person 
who is reemployed under this chapter. In the case of a per-
son who is absent from a position of employment by reason 
of the receipt of medical treatment for a service-connected 
disability (other than a person described in section 
4320(c)(2)(B) of this title), the period during which the per-
son is so absent shall be treated as a period of service in 
the uniformed services for purposes of this section.’’. 
(d) PROHIBITION OF DISCRIMINATION AND ACTS OF 
REPRISAL.—Section 4311 of title 38, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) by inserting after ‘‘uniformed service’’ 
the following: ‘‘, or who has an illness, injury, or 
disability determined by the Secretary of Vet-
erans Affairs to have been incurred in or aggra-
vated by such service,’’; and 
(B) by striking ‘‘or obligation’’ and insert-
ing ‘‘obligation, or receipt of treatment for that 
illness, injury, or disability’’; and 
(2) in subsection (c)— 
(A) by striking ‘‘or obligation for service’’ 
the first time it appears and inserting ‘‘obliga-
tion for service, or receipt of treatment for an ill-
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ness, injury, or disability determined by the Sec-
retary of Veterans Affairs to have been incurred 
in or aggravated by service’’; and 
(B) by striking ‘‘or obligation for service’’ 
the second time it appears and inserting ‘‘obliga-
tion for service, or receipt of treatment’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to medical treatment re-
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 em-
ployment to receive medical treatment for service-con-
nected 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 
discrimination and acts of reprisal against per-
sons who receive treatment for illnesses, injuries, 
and disabilities incurred in or aggravated by 
service in the uniformed services. 
MAY 19, 2009 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
VerDate Nov 24 2008 
00:02 May 20, 2009
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PO 00000
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