---
kind: "section"
citation: "38 U.S.C. § 4316"
title: "38"
title_heading: "Veterans’ Benefits"
number: "4316"
heading: "Rights, benefits, and obligations of persons absent from employment for service in a uniformed service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/4316"
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"
---

# §4316. Rights, benefits, and obligations of persons absent from employment for service in a uniformed service

- (a) A person who is reemployed under this chapter is entitled to the [seniority](/usc/38/4303.md?p=12) and other [rights and benefits](/usc/38/4303.md?p=2) determined by [seniority](/usc/38/4303.md?p=12) that the person had on the date of the commencement of [service in the uniformed services](/usc/38/4303.md?p=13) plus the additional [seniority](/usc/38/4303.md?p=12) and [rights and benefits](/usc/38/4303.md?p=2) that such person would have attained if the person had remained continuously employed.
- (b)
  - (1) Subject to paragraphs [(2)](#b-2) through [(6)](#b-6), a person who is absent from a position of employment by reason of [service in the uniformed services](/usc/38/4303.md?p=13) shall be—
    - (A) deemed to be on furlough or leave of absence while performing such service; and
    - (B) entitled to such other [rights and benefits](/usc/38/4303.md?p=2) not determined by [seniority](/usc/38/4303.md?p=12) as are generally provided by the [employer](/usc/38/4303.md?p=4-A) of the person to [employees](/usc/38/4303.md?p=3) having similar [seniority](/usc/38/4303.md?p=12), status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan in effect at the commencement of such service or established while such person performs such service.
  - (2)
    - (A) Subject to [subparagraph (B)](#b-2-B), a person who—
      - (i) is absent from a position of employment by reason of [service in the uniformed services](/usc/38/4303.md?p=13), and
      - (ii) knowingly provides written [notice](/usc/38/4303.md?p=8) of intent not to return to a position of employment after service in the uniformed service,

      is not entitled to [rights and benefits](/usc/38/4303.md?p=2) under [paragraph (1)(B)](#b-1-B).

    - (B) For the purposes of [subparagraph (A)](#b-2-A), the [employer](/usc/38/4303.md?p=4-A) shall have the burden of proving that a person knowingly provided clear written [notice](/usc/38/4303.md?p=8) of intent not to return to a position of employment after service in the uniformed service and, in doing so, was aware of the specific [rights and benefits](/usc/38/4303.md?p=2) to be lost under [subparagraph (A)](#b-2-A).
  - (3) A person deemed to be on furlough or leave of absence under this subsection while serving in the [uniformed services](/usc/38/4303.md?p=17) shall not be entitled under this subsection to any [benefits](/usc/38/4303.md?p=2) to which the person would not otherwise be entitled if the person had remained continuously employed.
  - (4) Such person may be required to pay the [employee](/usc/38/4303.md?p=3) cost, if any, of any funded [benefit](/usc/38/4303.md?p=2) continued pursuant to [paragraph (1)](#b-1) to the extent other [employees](/usc/38/4303.md?p=3) on furlough or leave of absence are so required.
  - (5) The entitlement of a person to coverage under a [health plan](/usc/38/4303.md?p=7) is provided for under section 4317.
  - (6) The entitlement of a person to a right or [benefit](/usc/38/4303.md?p=2) under an [employee](/usc/38/4303.md?p=3) [pension](/usc/38/101.md?p=15) [benefit](/usc/38/4303.md?p=2) plan is provided for under section 4318.
- (c) A person who is reemployed by an [employer](/usc/38/4303.md?p=4-A) under this chapter shall not be discharged from such employment, except for cause—
  - (1) within one year after the date of such reemployment, if the person’s period of service before the reemployment was more than 180 days; or
  - (2) within 180 days after the date of such reemployment, if the person’s period of service before the reemployment was more than 30 days but less than 181 days.
- (d) Any person whose employment with an [employer](/usc/38/4303.md?p=4-A) is interrupted by a period of [service in the uniformed services](/usc/38/4303.md?p=13) shall be permitted, upon request of that person, to use during such period of service any vacation, annual, or similar leave with pay accrued by the person before the commencement of such service. No [employer](/usc/38/4303.md?p=4-A) may require any such person to use vacation, annual, or similar leave during such period of service.
- (e)
  - (1) An [employer](/usc/38/4303.md?p=4-A) shall grant an [employee](/usc/38/4303.md?p=3) who is a member of a [reserve component](/usc/38/101.md?p=27) an authorized leave of absence from a position of employment to allow that [employee](/usc/38/4303.md?p=3) to perform funeral honors duty as authorized by [section 12503 of title 10](/usc/10/12503.md) or [section 115 of title 32](/usc/32/115.md).
  - (2) For purposes of [section 4312(e)(1) of this title](/usc/38/4312.md?p=e-1), an [employee](/usc/38/4303.md?p=3) who takes an authorized leave of absence under [paragraph (1)](#e-1) is deemed to have notified the [employer](/usc/38/4303.md?p=4-A) of the [employee](/usc/38/4303.md?p=3)’s intent to return to such position of employment.

## Source credit

(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3160; amended Pub. L. 104–275, title III, § 311(6), Oct. 9, 1996, 110 Stat. 3335; Pub. L. 106–419, title III, § 323(b), Nov. 1, 2000, 114 Stat. 1855.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 4316 was renumbered section 7616 of this title.

### Amendments

2000—Subsec. (e). Pub. L. 106–419 added subsec. (e).

1996—Subsec. (d). Pub. L. 104–275 inserted at end “No employer may require any such person to use vacation, annual, or similar leave during such period of service.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 2000 Amendment

Amendment by Pub. L. 106–419 effective 180 days after Nov. 1, 2000, see section 323(c) of Pub. L. 106–419, set out as a note under section 4303 of this title.

### 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 the provisions concerning insurance coverage (other than health) are effective with respect to furloughs or leaves of absence initiated on or after Oct. 13, 1994, and subsec. (b)(2) of this section is applicable only to the rights and benefits provided in subsec. (b)(1)(B) of this section and to persons who leave a position of employment for service in the uniformed services more than 60 days after Oct. 13, 1994, and not applicable to any other right or benefit of a person under this chapter, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.