H. R. 1774
IN THE HOUSE OF REPRESENTATIVES
April 26, 2013
Mr. Doggett(for himself,Mr. Grimm,Mr. Cartwright,Mr. Conyers,Mr. DeFazio,Mr. Grijalva,Ms. Eddie Bernice Johnson of Texas,Ms. Lee of California,Mr. McGovern,Mr. Rangel,Mr. Hinojosa,Ms. Norton,Mr. Enyart,Mr. Dingell, andMr. Bishop of New York) introduced the following bill; which was referred to theCommittee on Veterans’ Affairs
To amend title 38, United States Code, to provide for the reemployment of certain persons following absences from a position of employment for the purpose of obtaining medical treatment for certain injuries and illnesses, and for other purposes.
This Act may be cited as the
Wounded Veteran Job Security Act
Expansion of definition of service in uniformed services for purposes of USERRA
Section 4303(13)of title 38, United States Code, is amended to read as follows:
service in the uniformed servicesmeans the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty, a period for which a person is absent from employment for the purpose of performing funeral honors duty as authorized by
section 12503of title 10or
section 115of title 32, and a period for which a person is absent from a position of employment for the purpose of obtaining medical treatment for an injury or illness recognized by theSecretary of Veterans Affairsas a service-connected, or for which a
line of dutydocument has been granted by theSecretary of Defense.
Documentation of treatment for purposes of reemployment under USERRA
Section 4312(f) of such titleis amended—
by redesignatingparagraphs (2) through (4)asparagraphs (3) through (5);
by inserting afterparagraph (1)the following newparagraph (2):
A person who submits an application for reemployment due to an absence for the purpose of obtaining medical treatment for an injury or illness referred to insection 4303(13) of this titleshall provide to the person’s employer (upon the request of such employer) documentation to establish the individual’s eligibility for reemployment on that basis. Such an application shall include sufficient documentation to establish a link between the injury or illness and the medical treatment the person obtained.
inparagraph (3), as so redesignated, by striking
paragraph (1)and inserting
paragraph (1)orparagraph (2)
inparagraph (4)(A), as so redesignated—
paragraph (2)and inserting
paragraph (1)and inserting
paragraph (1)or should be deemed ineligible for reemployment on the grounds ofparagraph (2)
Notification of employer of intent to return to a position of employment
Section 4312(e)(1)(A) of such titleis amended by inserting after
31 daysthe following:
or a person who was absent from a position of employment for the purpose of obtaining medical treatment for an injury or illness recognized by theSecretary of Veterans Affairsas a service-connected, or for which a ‘line of duty’ document has been granted by theSecretary of Defense
The amendments made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act.