---
kind: "section"
citation: "38 U.S.C. § 4314"
title: "38"
title_heading: "Veterans’ Benefits"
number: "4314"
heading: "Reemployment by the Federal Government"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/4314"
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"
---

# §4314. Reemployment by the Federal Government

- (a) Except as provided in subsections [(b)](#b), [(c)](#c), and [(d)](#d), if a person is entitled to reemployment by the [Federal Government](/usc/38/4303.md?p=6) under [section 4312](/usc/38/4312.md), such person shall be reemployed in a position of employment as described in section 4313.
- (b)
  - (1) If the Director of the Office of Personnel Management makes a determination described in [paragraph (2)](#b-2) with respect to a person who was employed by a [Federal executive agency](/usc/38/4303.md?p=5) at the time the person entered the service from which the person seeks reemployment under this section, the Director shall—
    - (A) identify a position of like [seniority](/usc/38/4303.md?p=12), status, and pay at another [Federal executive agency](/usc/38/4303.md?p=5) that satisfies the requirements of [section 4313](/usc/38/4313.md) and for which the person is [qualified](/usc/38/4303.md?p=9); and
    - (B) ensure that the person is offered such position.
  - (2) The Director shall carry out the duties referred to in subparagraphs [(A)](#b-1-A) and [(B)](#b-1-B) of paragraph (1) if the Director determines that—
    - (A) the [Federal executive agency](/usc/38/4303.md?p=5) that employed the person referred to in such paragraph no longer exists and the functions of such agency have not been transferred to another [Federal executive agency](/usc/38/4303.md?p=5); or
    - (B) it is impossible or unreasonable for the agency to reemploy the person.
- (c) If the [employer](/usc/38/4303.md?p=4-A) of a person described in [subsection (a)](#a) was, at the time such person entered the service from which such person seeks reemployment under this section, a part of the judicial branch or the legislative branch of the [Federal Government](/usc/38/4303.md?p=6), and such [employer](/usc/38/4303.md?p=4-A) determines that it is impossible or unreasonable for such [employer](/usc/38/4303.md?p=4-A) to reemploy such person, such person shall, upon application to the Director of the Office of Personnel Management, be ensured an offer of employment in an alternative position in a [Federal executive agency](/usc/38/4303.md?p=5) on the basis described in [subsection (b)](#b).
- (d) If the adjutant general of a [State](/usc/38/4101.md?p=6) determines that it is impossible or unreasonable to reemploy a person who was a National Guard technician employed under [section 709 of title 32](/usc/32/709.md), such person shall, upon application to the Director of the Office of Personnel Management, be ensured an offer of employment in an alternative position in a [Federal executive agency](/usc/38/4303.md?p=5) on the basis described in [subsection (b)](#b).

## Source credit

(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3158.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 4314 was renumbered section 7614 of this title.

### Statutory Notes and Related Subsidiaries

### 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, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.