111TH CONGRESS 
1ST SESSION 
H. R. 466 
AN ACT 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
‘‘(5) The entitlement of a person to coverage under 
a health plan is provided for under section 4317 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 dis-
ability shall be permitted, upon request of that person, to 
use during the period during which the person is so ab-
sent, any vacation, annual, medical, or similar leave with 
pay accrued 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 period. 
‘‘(e) EXCEPTIONS.—(1) An employer is not required 
to comply with the requirements of this section if— 
‘‘(A) the employer’s circumstances have so 
changed as to make such compliance impossible or 
unreasonable; 
‘‘(B) such compliance 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 
reasonable expectation that such employment will 
continue indefinitely or for a significant period.
‘‘(2) In any proceeding involving an issue of whether 
(A) any compliance referred to in paragraph (1) is impos-
sible or unreasonable because of a change in an employer’s 
circumstances, (B) such compliance 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 
employment will continue indefinitely or for a significant 
period, the employer shall have the burden of proving the 
impossibility or unreasonableness, undue hardship, or the 
brief or nonrecurrent nature of the employment without 
a reasonable expectation of continuing indefinitely or for 
a significant period.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by 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 fol-
lowing 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 
disability (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 per-
son who is absent from a position of employment by rea-
son of the receipt of medical treatment for a service-con-
nected disability (other than a person described in section 
4320(c)(2)(B) of this title), the period during which the 
person is so absent shall be treated as a period of service 
in the uniformed services for purposes of this section.’’. 
(c) 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-
tion for service, or receipt of treatment for an
illness, injury, or disability determined by the 
Secretary of Veterans Affairs to have been in-
curred in or aggravated 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’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to medical treatment 
received on or after the date of the enactment of this Act. 
Passed the House of Representatives June 8, 2009. 
Attest: 
Clerk.
111TH CONGRESS 
1ST SESSION 
H. R. 466 
AN ACT 
To amend title 38, United States Code, to provide 
for certain rights and benefits for persons who 
are absent from positions of employment to re-
ceive medical treatment for service-connected dis-
abilities.