‘‘(1) that is required, beyond five years, to com-
plete an initial period of obligated service;
‘‘(2) during which such person was unable to
obtain orders releasing such person from a period of
service in the uniformed services before the expira-
tion of such five-year period and such inability was
through no fault of such person;
‘‘(3) performed as required pursuant to section
270 of title 10, under section 502(a) or 503 of title
32, or to fulfill additional training requirements de-
termined and certified in writing by the Secretary
concerned to be necessary for professional develop-
ment or for completion of skill training or retrain-
ing; or
‘‘(4) performed by a member of a uniformed
service who is—
‘‘(A) ordered to or retained on active duty
under section 672(a), 672(g), 673, 673b, 673c,
or 688 of title 10;
‘‘(B) ordered to or retained on active duty
(other than for training) under any provision of
law during a war or during a national emer-
gency declared by the President or the Con-
gress;
‘‘(C) ordered to active duty (other than for
training) in support, as determined by the Sec-
retary concerned, of an operational mission for
which personnel have been ordered to active
duty under section 673b of title 10;
‘‘(D) ordered to active duty in support, as
determined by the Secretary concerned, of a
critical mission or requirement of the uniformed
services; or
‘‘(E) called into Federal service as a mem-
ber of the National Guard under chapter 15 of
title 10 or under section 3500 or 8500 of title
10.
‘‘(d)(1) An employer is not required to reemploy a
person under this chapter if—
‘‘(A) the employer’s circumstances have so
changed as to make such reemployment impossible
or unreasonable, or
‘‘(B) in the case of a person entitled to reem-
ployment under section 4313 (a)(3), (a)(4), or
(b)(2)(B), such employment would impose an undue
hardship on the operation of the employer.
‘‘(2) In any administrative or judicial proceeding in-
volving an issue of whether—
‘‘(A) any reemployment referred to in para-
graph (1) is impossible or unreasonable because of
a change in an employer’s circumstances, or
‘‘(B) any accommodation, training, or effort re-
ferred to in section 4313 (a)(3), (a)(4), or (b)(2)(B)
would impose an undue hardship on the operation of
the business of the employer,
the employer shall have the burden of proving the impos-
sibility or unreasonableness or undue hardship.
‘‘(e)(1) Subject to paragraph (2), a person referred
to in subsection (a) shall, upon the completion of a period
of service in the uniformed services, notify the employer
referred to in such subsection of the person’s intent to
return to a position of employment with such employer
as follows:
‘‘(A) In the case of a person whose period of
service in the uniformed services was less than 31
days, by reporting to the employer—
‘‘(i) not later than the beginning of the
first full regularly scheduled work period on the
first full calendar day following the completion
of the period of service and the expiration of
eight hours after a period allowing for the safe
transportation of the person from the place of
that service to the person’s residence; or
‘‘(ii) as soon as possible after the expira-
tion of the eight-hour period referred to in
clause (i), if reporting within the period re-
ferred to in such clause is impossible or unrea-
sonable through no fault of the person.
‘‘(B) In the case of a person who is absent from
a position of employment for a period of any length
for the purposes of an examination to determine the
person’s fitness to perform service in the uniformed
services, by reporting in the manner and time re-
ferred to in subparagraph (A).
‘‘(C) In the case of a person whose period of
service in the uniformed services was for more than
30 days but less than 181 days, by submitting an
application for reemployment with the employer not
later than 14 days after the completion of the period
of service or as soon as possible after such 14-day
period if submitting such application within such pe-
riod is impossible or unreasonable through no fault
of the person.
‘‘(D) In the case of a person whose period of
service in the uniformed services was for more than
180 days, by submitting an application for reemploy-
ment with the employer not later than 90 days after
the completion of the period of service or as soon as
possible after such 90-day period if submitting such
application within such period is impossible or un-
reasonable through no fault of the person.
‘‘(2)(A) A person who is hospitalized for, or con-
valescing from, an illness or injury incurred in, or aggra-
vated by, the performance of a period of service in the
uniformed services shall, at the end of the period that is
necessary for the person to recover from such illness or
injury submit an application for reemployment with such
employer. Such period of recovery may not exceed two
years, except as provided in subparagraph (B).
‘‘(B) Such two-year period shall be extended by the
minimum time required to accommodate the cir-
cumstances beyond such person’s control which make re-
porting within the time limit specified in subparagraph
(A) impossible or unreasonable.
‘‘(f) A person who fails to report for employment or
reemployment within the time limits specified in sub-
section (e) does not automatically forfeit such person’s
right under subsection (a) but shall be subject to the con-
duct rules, established policy, and general practices of the
employer pertaining to explanations and discipline with re-
spect to absence from scheduled work.
‘‘(g)(1) A person who submits an application for re-
employment in accordance with subparagraph (C) or (D)