Page:United States Statutes at Large Volume 88 Part 2.djvu/279

 88 STAT. ]

PUBLIC LAW 93-508-DEC. 3, 1974

1595

U.S. Government " (A) if such position was in the employ of the United States employment. Government, its territories, or possessions, or political subdivisions 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 position, 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 offered employment and, if such person so requests, be employed in such other position the duties of which such person is qualified to perform as will provide such person like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in such person's case; " (B) if such position was in the employ of a State, or political state or private subdivision thereof, or a private employer, such person shall— employment. "(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 offered employment and, if such person so requests, be employed by such employer or his successor in interest in such other position the duties of which such person is qualified to perform as will provide such person like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in such person's case, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. Nothing in this chapter Noncompliance shall excuse noncompliance with any statute or ordinance of a ° ^^^ °^^''' State or political subdivision thereof establishing greater or additional rights or protections than the rights and protections established pursuant to this chapter. " (b)(1) Any person who is restored to or employed in a position in accordance with the provisions of clause (A) or (B) of subsection (a) of this section shall be considered as having been on furlough or leave of absence during such person's period of training and service in the Armed Forces, shall be so restored or reemployed 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 or reemployment. "(2) I t is hereby declared to be the sense of the Congress that any status rights. person who is restored to or employed in a position in accordance w ith the provisions of clause (A) or (B) of subsection (a) of this section should be so restored or reemployed in such manner as to give such person such status in his employment as he would have enjoyed if such person had continued in such employment continuously from the time of such person's entering the Armed Forces until the time of such person's restoration to such employment, or reemployment.

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