--- kind: "section" citation: "38 U.S.C. § 4313" title: "38" title_heading: "Veterans’ Benefits" number: "4313" heading: "Reemployment positions" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/38/4313" units: - "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" --- # §4313. Reemployment positions - (a) Subject to [subsection (b)](#b) (in the case of any [employee](/usc/38/4303.md?p=3)) and sections [4314](/usc/38/4314.md) and [4315](/usc/38/4315.md) (in the case of an [employee](/usc/38/4303.md?p=3) of the [Federal Government](/usc/38/4303.md?p=6)), a person entitled to reemployment under [section 4312](/usc/38/4312.md), upon completion of a period of [service in the uniformed services](/usc/38/4303.md?p=13), shall be promptly reemployed in a position of employment in accordance with the following order of priority: - (1) Except as provided in paragraphs [(3)](#a-3) and [(4)](#a-4), in the case of a person whose period of [service in the uniformed services](/usc/38/4303.md?p=13) was for less than 91 days— - (A) in the position of employment in which the person would have been employed if the continuous employment of such person with the [employer](/usc/38/4303.md?p=4-A) had not been interrupted by such service, the duties of which the person is [qualified](/usc/38/4303.md?p=9) to perform; or - (B) in the position of employment in which the person was employed on the date of the commencement of the [service in the uniformed services](/usc/38/4303.md?p=13), only if the person is not [qualified](/usc/38/4303.md?p=9) to perform the duties of the position referred to in [subparagraph (A)](#a-1-A) after [reasonable efforts](/usc/38/4303.md?p=10) by the [employer](/usc/38/4303.md?p=4-A) to qualify the person. - (2) Except as provided in paragraphs [(3)](#a-3) and [(4)](#a-4), in the case of a person whose period of [service in the uniformed services](/usc/38/4303.md?p=13) was for more than 90 days— - (A) in the position of employment in which the person would have been employed if the continuous employment of such person with the [employer](/usc/38/4303.md?p=4-A) had not been interrupted by such service, or a position of like [seniority](/usc/38/4303.md?p=12), status and pay, the duties of which the person is [qualified](/usc/38/4303.md?p=9) to perform; or - (B) in the position of employment in which the person was employed on the date of the commencement of the [service in the uniformed services](/usc/38/4303.md?p=13), or a position of like [seniority](/usc/38/4303.md?p=12), status and pay, the duties of which the person is [qualified](/usc/38/4303.md?p=9) to perform, only if the person is not [qualified](/usc/38/4303.md?p=9) to perform the duties of a position referred to in [subparagraph (A)](#a-2-A) after [reasonable efforts](/usc/38/4303.md?p=10) by the [employer](/usc/38/4303.md?p=4-A) to qualify the person. - (3) In the case of a person who has a disability incurred in, or aggravated during, such service, and who (after [reasonable efforts](/usc/38/4303.md?p=10) by the [employer](/usc/38/4303.md?p=4-A) to accommodate the disability) is not [qualified](/usc/38/4303.md?p=9) due to such disability to be employed in the position of employment in which the person would have been employed if the continuous employment of such person with the [employer](/usc/38/4303.md?p=4-A) had not been interrupted by such service— - (A) in any other position which is equivalent in [seniority](/usc/38/4303.md?p=12), status, and pay, the duties of which the person is [qualified](/usc/38/4303.md?p=9) to perform or would become [qualified](/usc/38/4303.md?p=9) to perform with [reasonable efforts](/usc/38/4303.md?p=10) by the [employer](/usc/38/4303.md?p=4-A); or - (B) if not employed under [subparagraph (A)](#a-3-A), in a position which is the nearest approximation to a position referred to in [subparagraph (A)](#a-3-A) in terms of [seniority](/usc/38/4303.md?p=12), status, and pay consistent with circumstances of such person’s case. - (4) In the case of a person who (A) is not [qualified](/usc/38/4303.md?p=9) to be employed in (i) the position of employment in which the person would have been employed if the continuous employment of such person with the [employer](/usc/38/4303.md?p=4-A) had not been interrupted by such service, or (ii) in the position of employment in which such person was employed on the date of the commencement of the [service in the uniformed services](/usc/38/4303.md?p=13) for any reason (other than disability incurred in, or aggravated during, [service in the uniformed services](/usc/38/4303.md?p=13)), and (B) cannot become [qualified](/usc/38/4303.md?p=9) with [reasonable efforts](/usc/38/4303.md?p=10) by the [employer](/usc/38/4303.md?p=4-A), in any other position which is the nearest approximation to a position referred to first in clause (A)(i) and then in clause (A)(ii) which such person is [qualified](/usc/38/4303.md?p=9) to perform, with full [seniority](/usc/38/4303.md?p=12). - (b) - (1) If two or more persons are entitled to reemployment under [section 4312](/usc/38/4312.md) in the same position of employment and more than one of them has reported for such reemployment, the person who left the position first shall have the prior right to reemployment in that position. - (2) Any person entitled to reemployment under [section 4312](/usc/38/4312.md) who is not reemployed in a position of employment by reason of [paragraph (1)](#b-1) shall be entitled to be reemployed as follows: - (A) Except as provided in [subparagraph (B)](#b-2-B), in any other position of employment referred to in subsection [(a)(1)](#a-1) or [(a)(2)](#a-2), as the case may be (in the order of priority set out in the applicable subsection), that provides a similar status and pay to a position of employment referred to in paragraph (1) of this subsection, consistent with the circumstances of such person’s case, with full [seniority](/usc/38/4303.md?p=12). - (B) In the case of a person who has a disability incurred in, or aggravated during, a period of [service in the uniformed services](/usc/38/4303.md?p=13) that requires [reasonable efforts](/usc/38/4303.md?p=10) by the [employer](/usc/38/4303.md?p=4-A) for the person to be able to perform the duties of the position of employment, in any other position referred to in [subsection (a)(3)](#a-3) (in the order of priority set out in that subsection) that provides a similar status and pay to a position referred to in paragraph (1) of this subsection, consistent with circumstances of such person’s case, with full [seniority](/usc/38/4303.md?p=12). ## Source credit (Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3157; amended Pub. L. 104–275, title III, § 311(5), Oct. 9, 1996, 110 Stat. 3335.) ## Notes ### Editorial Notes ### Prior Provisions A prior section 4313 was renumbered section 7613 of this title. ### Amendments 1996—Subsec. (a)(4). Pub. L. 104–275 substituted “uniformed services” for “uniform services” in cl. (A)(ii) and “which is the nearest approximation to a position referred to first in clause (A)(i) and then in clause (A)(ii) which” for “of lesser status and pay which” in cl. (B). ### Statutory Notes and Related Subsidiaries ### Effective Date of 1996 Amendment Amendment by Pub. L. 104–275 effective Oct. 13, 1994, see section 313 of Pub. L. 104–275, set out as a note under section 4301 of this title. ### Effective Date Section effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, except that subsec. (a)(3) of this section applicable to reemployments initiated on or after Aug. 1, 1990, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.