---
kind: "section"
citation: "3 U.S.C. § 416"
title: "3"
title_heading: "The President"
number: "416"
heading: "Rights and protections relating to veterans’ employment and reemployment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/3/416"
units:
  - "Chapter 5 — Extension of Certain Rights and Protections to Presidential Offices"
  - "Subchapter II — Extension of Rights and Protections"
  - "Part A — Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation"
---

# §416. Rights and protections relating to veterans’ employment and reemployment

- (a) **Employment and Reemployment Rights of Members of the Uniformed Services.—**
  - (1) **In general.—** It shall be unlawful for an [employing office](/usc/3/401.md?p=a-4) to—
    - (A) discriminate, within the meaning of subsections (a) and (b) of [section 4311 of title 38](/usc/38/4311.md), against an eligible [employee](/usc/3/401.md?p=a-3);
    - (B) deny to an eligible [employee](/usc/3/401.md?p=a-3) reemployment rights within the meaning of sections [4312](/usc/38/4312.md) and [4313](/usc/38/4313.md) of title 38; or
    - (C) deny to an eligible [employee](/usc/3/401.md?p=a-3) benefits within the meaning of sections 4316, 4317, and 4318 of title 38.
  - (2) **Definition.—** For purposes of this section, the term “eligible [employee](/usc/3/401.md?p=a-3)” means a [covered employee](/usc/3/401.md?p=a-2) performing service in the uniformed services, within the meaning of [section 4303(13) of title 38](/usc/38/4303.md?p=13), whose service has not been terminated upon the occurrence of any of the events enumerated in [section 4304](/usc/38/4304.md) of such title.
- (b) **Remedy.—** The remedy for a violation of [subsection (a)](#a) shall be such damages as would be appropriate if awarded under [section 4323(d) of title 38](/usc/38/4323.md?p=d).
- (c) **Regulations To Implement Section.—**
  - (1) **In general.—** The President, or the designee of the President, shall issue regulations to implement this section.
  - (2) **Agency regulations.—** The regulations issued under [paragraph (1)](#c-1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections [(a)](#a) and [(b)](#b)—
    - (A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
    - (B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section [4314](/usc/38/4314.md) or [4324](/usc/38/4324.md) of title 38, United States Code, that applies to [employees](/usc/3/401.md?p=a-3) in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection [(a)](#a) or [(b)](#b), if the issuance of such regulations—
      - (i) would be equally effective for the implementation of the rights and protections under this section; and
      - (ii) would promote uniformity in the application of Federal law to [employees](/usc/3/401.md?p=a-3) in the executive branch of the Federal Government.
- (d) **Effective Date.—** Subsections [(a)](#a) and [(b)](#b) shall take effect on the earlier of—
  - (1) the effective date of regulations issued under [subsection (c)](#c); or
  - (2) October 1, 1998.

## Source credit

(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4060; amended Pub. L. 111–275, title VII, § 703(c), Oct. 13, 2010, 124 Stat. 2888.)

## Notes

### Editorial Notes

### Amendments

2010—Subsec. (b). Pub. L. 111–275 substituted “under section 4323(d) of title 38” for “under paragraphs (1) and (2)(A) of section 4323(c) of title 38”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.