‘‘(2)(A) receives notification of an impending 
call or order to active duty in support of a contin-
gency operation; or 
‘‘(B) is deployed in connection with a contin-
gency operation. 
‘‘(b) LEAVE TAKEN INTERMITTENTLY OR ON RE-
DUCED LEAVE SCHEDULE.—(1) Leave under subsection 
(a) may be taken by an eligible employee intermittently 
or on a reduced leave schedule as the eligible employee 
considers appropriate. 
‘‘(2) The taking of leave intermittently or on a re-
duced leave schedule pursuant to this subsection shall not 
result in a reduction in the total amount of leave to which 
the eligible employee is entitled under subsection (a) be-
yond the amount of leave actually taken. 
‘‘(c) PAID
LEAVE
PERMITTED.—Leave granted 
under subsection (a) may consist of paid leave or unpaid 
leave as the employer of the eligible employee considers 
appropriate. 
‘‘(d) RELATIONSHIP TO PAID LEAVE.—(1) If an em-
ployer provides paid leave to an eligible employee for fewer 
than the total number of workweeks of leave that the eligi-
ble employee is entitled to under subsection (a), the addi-
tional amount of leave necessary to attain the total num-
VerDate Nov 24 2008 
02:19 Jul 18, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
tjames on DSKG8SOYB1PROD with BILLS
ber of workweeks of leave required under subsection (a) 
may be provided without compensation. 
‘‘(2) An eligible employee may elect, and an employer 
may not require the eligible employee, to substitute any 
of the accrued paid vacation leave, personal leave, or fam-
ily leave of the eligible employee for leave provided under 
subsection (a) for any part of the total period of such leave 
the eligible employee is entitled to under such subsection. 
‘‘(e) NOTICE FOR LEAVE.—In any case in which an 
eligible employee chooses to use leave under subsection 
(a), the eligible employee shall provide such notice to the 
employer as is reasonable and practicable. 
‘‘§ 4403. Certification 
‘‘(a) IN GENERAL.—An employer may require that 
a request for leave under section 4402(a) of this title be 
supported by a certification of entitlement to such leave. 
‘‘(b) TIMELINESS OF CERTIFICATION.—An eligible 
employee shall provide, in a timely manner, a copy of the 
certification required by subsection (a) to the employer. 
‘‘(c) SUFFICIENT CERTIFICATION.—A copy of the no-
tification, call, or order described in section 4402(a)(2) of 
this title shall be considered sufficient certification of enti-
tlement to leave for purposes of providing certification 
under this section. The Secretary may prescribe such addi-
tional forms and manners of certification as the Secretary 
VerDate Nov 24 2008 
02:19 Jul 18, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
tjames on DSKG8SOYB1PROD with BILLS
considers appropriate for purposes of providing certifi-
cation under this section. 
‘‘§ 4404. Employment and benefits protection 
‘‘(a) IN GENERAL.—An eligible employee who takes 
leave under section 4402 of this title for the intended pur-
pose of the leave shall be entitled, on return from such 
leave— 
‘‘(1) to be restored by the employer to the posi-
tion of employment held by the eligible employee 
when the leave commenced; or 
‘‘(2) to be restored to an equivalent position 
with equivalent rights and benefits of employment. 
‘‘(b) LOSS OF BENEFITS.—The taking of leave under 
section 4402 of this title shall not result in the loss of 
any employment benefit accrued prior to the date on which 
the leave commenced. 
‘‘(c) LIMITATIONS.—Nothing in this section shall be 
construed to entitle any restored employee to— 
‘‘(1) the accrual of any seniority or employment 
benefits during any period of leave; or 
‘‘(2) any right, benefit, or position of employ-
ment other than any right, benefit, or position to 
which the employee would have been entitled had the 
employee not taken the leave. 
VerDate Nov 24 2008 
02:19 Jul 18, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
tjames on DSKG8SOYB1PROD with BILLS
‘‘§ 4405. Prohibited acts 
‘‘(a) EXERCISE OF RIGHTS.—It shall be unlawful for 
any employer to interfere with, restrain, or deny the exer-
cise of or the attempt to exercise, any right provided under 
this chapter. 
‘‘(b) DISCRIMINATION.—It shall be unlawful for any 
employer to discharge or in any other manner discriminate 
against any individual for opposing any practice made un-
lawful by this chapter. 
‘‘§ 4406. Enforcement 
‘‘The provisions of subchapter III of chapter 43 of 
this title shall apply with respect to the provisions of this 
chapter as if such provisions were incorporated into and 
made part of this chapter. 
‘‘§ 4407. Miscellaneous provisions 
‘‘The provisions of subchapter IV of chapter 43 of 
this title shall apply with respect to the provisions of this 
chapter as if such provisions were incorporated into and 
made part of this chapter.’’. 
(b) CLERICAL AMENDMENTS.—The table of chapters 
at the beginning of title 38, United States Code, and at 
the beginning of part III of such title, are each amended 
by inserting after the item relating to chapter 43 the fol-
lowing new item: 
VerDate Nov 24 2008 
02:19 Jul 18, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
tjames on DSKG8SOYB1PROD with BILLS
‘‘44. Annual Leave for Family of Deployed Members of 
the Uniformed Services ....................................... 4401.’’. 
Æ 
VerDate Nov 24 2008 
02:19 Jul 18, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H3257.IH
H3257
tjames on DSKG8SOYB1PROD with BILLS