GovTrack’s Bill Summary
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H.R. 466 (111th): Wounded Veteran Job Security Act
- Introduced:
- Jan 13, 2009 (111th Congress, 2009–2010)
- Sponsor:
- Rep. Lloyd Doggett [D-TX25]
- Status:
- Died (Passed House)
- See Instead:
- This bill was re-introduced as H.R. 2875 (112th) on Sep 09, 2011.
The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.
Library of Congress Summary
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
6/8/2009--Passed House amended.
Wounded Veteran Job Security Act - Entitles a person who is absent from employment by reason of the receipt of medical treatment for a service-connected disability (absent employee) to:
(1) be retained by the person's employer;
(2) the seniority and other rights and benefits determined by seniority that the person had on the commencement of such treatment plus the additional seniority and rights and benefits that the person would have attained if the person had remained continuously employed; and
(3) be considered on furlough or leave of absence during such treatment and therefore entitled to other rights and benefits not determined by seniority as are other persons of similar seniority, status, and pay who are on furlough or leave of absence.
Terminates such entitlement when a person knowingly provides written notice of the intent not to return to such position following treatment.
Allows the absent employee to use any vacation, annual, medical, or similar leave with pay accrued before the commencement of the treatment.
Provides that an employer shall not be required to comply with the requirements of this Act if:
(1) the employer's circumstances have so changed as to make such compliance impossible or unreasonable;
(2) such compliance would pose an undue hardship on the employer; or
(3) the employment in question is for a brief, nonrecurring period without a reasonable expectation of continuing indefinitely or for a significant period.
Applies health insurance continuation requirements to absences from employment described in this Act. Prohibits any employer discrimination or acts of reprisal against an absent employee.
House Republican Conference Summary
The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.
This summary can be found at http://www.gop.gov/bill/111/1/hr466.
Background
According to the Office of Special Counsel, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) ensures certain job protections to individuals who have served in the Forces, Reserves, or the National Guard. The purpose of the legislation is to make sure that service members are not disadvantaged in their civilian careers because of their service, are promptly reemployed in their civilian jobs upon their return from duty, and are not discriminated against in employment based on past, present, or future military service. H.R. 466 would expand the scope of USERRA to prohibit discrimination against military personnel who have been injured or received treatment for an injury incurred during military service.
Summary
H.R. 466 would prohibit an employer from discriminating against an individual because of any treatment for an illness, injury, or disability that the Veterans' Affairs Department (VA) has determined was caused by, or aggravated during, military service. The bill would provide protection for individuals with service-related injuries under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Such employees would have their seniority, status, retention, and pay protected under the bill. The bill would, however, give an employer an opportunity to not re-employ a service injured veteran if it would impose an "undue hardship" on the employer.
Cost
According to CBO, H.R. 466 would cost $6 million over five years, subject to appropriations. In addition, CBO estimates that the bill would reduce revenues by $15 million over ten years because the legislation would result in more of an employee's compensation in the form of tax-deferred contributions, and less in the form of taxable wages.
House Democratic Caucus Summary
The House Democratic Caucus does not provide summaries of bills.
So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.
We’ll be looking for a source of summaries from the other side in the meanwhile.
The bill contains the following citations to other parts of U.S. law:
United States Code
The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)
- Title 38: VETERANS’ BENEFITS
- Part III: READJUSTMENT AND RELATED BENEFITS
- Chapter 43: EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES
- Subchapter II: EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS
- Section 4311: Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited
- Section 4317: Health plans
Other Citations
- 38 U.S.C. Chapter 43