Page:United States Statutes at Large Volume 62 Part 1.djvu/645

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 625 -JUNE 24, 1948 ninety days after he is relieved from such training and service or from hospitalization continuing after discharge for a period of not more than one year- (A) if such position was in the employ of the United States Government, its Territories, or possessions, or political subdivi- sions thereof, or the District of Columbia, such person shall- (i) if still qualified to perform the duties of such position, be restored to such position or to a position of like seniority, status, and pay; or (ii) if not qualified to perform the duties of such posi- tion by reason of disability sustained during such service but qualified to perform the duties of any other position in the employ of the employer, be restored to such other posi- tion the duties of which he is qualified to perform as will provide him like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in his case; (B) if such position was in the employ of a private employer, such person shall- (i) if still qualified to perform the duties of such position, be restored by such employer or his successor in interest to such position or to a position of like seniority, status, and pay; or (ii) if not qualified to perform the duties of such position by reason of disability sustained during such service but qualified to perform the duties of any other position in the employ of such employer or his successor in interest, be restored by such employer or his successor in interest to such other position the duties of which he is qualified to perform as will provide him like seniority, status, and pay, or the near- est approximation thereof consistent with the circumstances in his case, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so; (C) if such position was in the employ of any State or political subdivision thereof, it is hereby declared to be the sense of the Congress that such person should- (i) if still qualified to perform the duties of such position, be restored to such position or to a position of like seniority, status, and pay; or (ii) if not qualified to perform the duties of such position by reason of disability sustained during such service but quali- fied to perform the duties of any other position in the employ of the employer, be restored to such other position the duties of which he is qualified to perform as will provide him like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in his case. (c) (1) Any person who is restored to a position in accordance with the provisions of paragraph (A) or (B) of subsection (b) shall be considered as having been on furlough or leave of absence during his period of training and service in the armed forces, shall be so restored without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person was inducted into such forces, and shall not be discharged from such position without cause within one year after such restoration. (2) It is hereby declared to be the sense of the Congress that any person who is restored to a position in accordance with the provisions of paragraph (A) or (B) of subsection (b) should be so restored in 615 Government or D. C. employees. Private employees. State, etc., em- ployees. Restoration without loss of seniority, etc.

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