38 U.S.C. § 4314

Reemployment by the Federal Government

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(a) Except as provided in subsections (b), (c), and (d), if a person is entitled to reemployment by the Federal Government under section 4312, such person shall be reemployed in a position of employment as described in section 4313.(b)(1) If the Director of the Office of Personnel Management makes a determination described in paragraph (2) with respect to a person who was employed by a Federal executive agency at the time the person entered the service from which the person seeks reemployment under this section, the Director shall—(A) identify a position of like seniority, status, and pay at another Federal executive agency that satisfies the requirements of section 4313 and for which the person is qualified; and(B) ensure that the person is offered such position.(2) The Director shall carry out the duties referred to in subparagraphs (A) and (B) of paragraph (1) if the Director determines that—(A) the Federal executive agency that employed the person referred to in such paragraph no longer exists and the functions of such agency have not been transferred to another Federal executive agency; or(B) it is impossible or unreasonable for the agency to reemploy the person.(c) If the employer of a person described in subsection (a) was, at the time such person entered the service from which such person seeks reemployment under this section, a part of the judicial branch or the legislative branch of the Federal Government, and such employer determines that it is impossible or unreasonable for such employer to reemploy such person, such person shall, upon application to the Director of the Office of Personnel Management, be ensured an offer of employment in an alternative position in a Federal executive agency on the basis described in subsection (b).(d) If the adjutant general of a State determines that it is impossible or unreasonable to reemploy a person who was a National Guard technician employed under section 709 of title 32, such person shall, upon application to the Director of the Office of Personnel Management, be ensured an offer of employment in an alternative position in a Federal executive agency on the basis described in subsection (b).(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3158.)Editorial NotesPrior Provisions

A prior section 4314 was renumbered section 7614 of this title.

Statutory Notes and Related SubsidiariesEffective 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, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.

Notes of Decisions

Cited in 2 cases, 2001–2015 · leading case: William E. Woodman v. Off. of Pers. Mgmt., 258 F.3d 1372 (Fed. Cir. 2001).

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William E. Woodman v. Off. of Pers. Mgmt., 258 F.3d 1372 (Fed. Cir. 2001). · cites it 2× “Woodman attempted to invoke reemployment rights under USERRA by requesting that OPM place him in a position comparable to his NGT position in another federal agency, in accordance with 38 U.S.C. § 4314 (d) (1994). OPM denied Mr.”

Nicholas Jay Wilson v. Dep't of the Navy, 2015 MSPB 48 (MSPB 2015). “We presume that he is actually referring to 38 U.S.C. § 4314 . This statutory provision has no applicability in the instant appeal.”

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