[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2875 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2875

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2011

  Mr. Doggett (for himself, Mr. Bishop of New York, Mr. Courtney, Mr. 
DeFazio, Mr. Filner, Mr. Grijalva, Ms. Jackson Lee of Texas, Mr. Reyes, 
    Ms. Eddie Bernice Johnson of Texas, Mr. Al Green of Texas, Mr. 
   Hinojosa, Mr. Gonzalez, Mr. Cuellar, Mr. Grimm, Mr. McGovern, Mr. 
Stark, Ms. Sutton, Mr. Towns, Mr. Gene Green of Texas, Mr. Conyers, Mr. 
    Kissell, Ms. Bordallo, Mr. Rangel, Mr. Donnelly of Indiana, Ms. 
  Richardson, and Mr. Lujan) introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wounded Veteran Job Security Act''.

SEC. 2. 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:
            ``(13) The term `service in the uniformed services' means 
        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 12503 
        of title 10 or section 115 of 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 the Secretary of Veterans Affairs as a service-
        connected, or for which a `line of duty' document has been 
        granted by the Secretary of Defense.''.

SEC. 3. DOCUMENTATION OF TREATMENT FOR PURPOSES OF REEMPLOYMENT UNDER 
              USERRA.

    Section 4312(f) of such title is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5);
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(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 in section 4303(13) of this title shall 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.'';
            (3) in paragraph (3), as so redesignated, by striking 
        ``paragraph (1)'' and inserting ``paragraph (1) or paragraph 
        (2)''; and
            (4) in paragraph (4)(A), as so redesignated--
                    (A) by striking ``paragraph (2)'' and inserting 
                ``paragraph (3)''; and
                    (B) by striking ``paragraph (1)'' and inserting 
                ``paragraph (1) or should be deemed ineligible for 
                reemployment on the grounds of paragraph (2)''.

SEC. 4. NOTIFICATION OF EMPLOYER OF INTENT TO RETURN TO A POSITION OF 
              EMPLOYMENT.

    Section 4312(e)(1)(A) of such title is amended by inserting after 
``31 days'' the 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 the Secretary of Veterans Affairs as a 
service-connected, or for which a `line of duty' document has been 
granted by the Secretary of Defense''.

SEC. 5. EFFECTIVE DATE.

    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.
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