Page:United States Statutes at Large Volume 88 Part 2.djvu/284

 1600

Induction period considered a s leave of absence. Ante, p. 1594.

Active and inactive duty training.

38 USC 2025.

38 USC 2026.

50 USC app. 459. Repeal.

PUBLIC LAW 93-508-DEC. 3, 1974

[88 STAT.

covered by this subsection is not qualified to perform the duties of such employee's position by reason of disability sustained during active duty for training or mactive duty training, but is qualified to perform the duties of any other position m the employ of the employer or his successor in interest, such employee shall be offered employment and, if such person so requests, be employed by that employer or his successor in interest in such other position the duties of which such employee is qualified to perform as will provide such employee like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in such employee's case. "(e) Any employee not covered by subsection (c) of this section who holds a position described in clause (A) or (B) of section 2021 (a) shall be considered as having been on leave of absence during the period required to report for the purpose of being inducted into, entering, or determining, by a preinduction or other examination, physical fitness to enter the Armed Forces. Upon such employee's rejection, upon completion of such employee's preinduction or other examination, or upon such employee's discharge from hospitalization incident to such rejection or examination, such employee shall be permitted to return to such employee's position in accordance with the provisions of subsection (d) of this section. " (f) For the purposes of subsections (c) and (d) of this section, full-time training or other full-time duty performed by a member of the National Guard under section 316, 503, 504, or 505 of title 32, is considered active duty for training; and for the purpose of subsection (d) of this section, inactive duty training performed by that member under section 502 of title 32 or section 206, 301, 309, 402, or 1002 of title 37, is considered inactive duty training. "§ 2025. Assistance in obtaining reemployment "The Secretary of Labor, through the Office of Veterans' Kemployment Rights, shall render aid in the replacement in their former positions or reemployment of persons who have satisfactorily completed any period of active duty in the Armed Forces or the Public Health Service, I n rendering such aid, the Secretary shall use existing Federal and State agencies engaged in similar or related activities and shall utilize the assistance of volunteers. "§ 2026. Prior rights for reemployment " I n any case in which two or more persons who are entitled to be restored to or employed in a position under the provisions of this chapter or of any other law relating to similar reemployment benefits left the same position in order to enter the Armed Forces, the person who left such position first shall have the prior right to be restored thereto or reemployed on the basis thereof, without prejudice to the reemployment rights of the other person or persons to be restored or reemploved.". (b) The table of chapters at the beginning of title 38, United States Code, and the table of chapters at the beginning of part III of such title are each amended by adding at the end thereof "43. Veterans' Remployment Rights 2021". SEC. 405. Section 9 of the Military Selective Service Act is amended by(1) repealing subsections (b) through (h); and (2) redesignating subsections (i) and (j) as subsections (b) and (c), respectively.

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