U.S. Code » Title 38 » Part PART III— READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 43— EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES › Subchapter SUBCHAPTER IV— MISCELLANEOUS PROVISIONS

38 U.S.C. § 4331

Regulations

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(a) The Secretary (in consultation with the Secretary of Defense) may prescribe regulations implementing the provisions of this chapter with regard to the application of this chapter to States, local governments, and private employers.(b)(1) The Director of the Office of Personnel Management (in consultation with the Secretary and the Secretary of Defense) may prescribe regulations implementing the provisions of this chapter with regard to the application of this chapter to Federal executive agencies (other than the agencies referred to in paragraph (2)) as employers. Such regulations shall be consistent with the regulations pertaining to the States as employers and private employers, except that employees of the Federal Government may be given greater or additional rights.(2) The following entities may prescribe regulations to carry out the activities of such entities under this chapter:(A) The Merit Systems Protection Board.(B) The Office of Special Counsel.(C) The agencies referred to in section 2302(a)(2)(C)(ii) of title 5.(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3168; amended Pub. L. 109–233, title V, § 503(14), June 15, 2006, 120 Stat. 417.)Editorial NotesPrior Provisions

A prior section 4331 was renumbered section 7631 of this title.

Amendments

2006—Subsec. (b)(2)(C). Pub. L. 109–233 substituted “section 2302(a)(2)(C)(ii)” for “section 2303(a)(2)(C)(ii)”.

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 26 cases (6 in the last 5 years), 1997–2026 · leading case: Kirkendall v. Dep't of the Army, 479 F.3d 830 (Fed. Cir. 2007).
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Kirkendall v. Dep't of the Army, 479 F.3d 830 (Fed. Cir. 2007). · cites it 4× “See 38 U.S.C. § 4331 (2)(A) (2000); S. Rep. No.”
Eric White v. UAL, 987 F.3d 616 (7th Cir. 2021). “See 38 U.S.C. § 4331 (a). The regulation provides: If the non-seniority benefits to which employees on furlough or leave of absence are entitled vary accord- ing to the type of leave, the employee must be given 6 No.”
Carder v. Cont'l Airlines, Inc., 636 F.3d 172 (5th Cir. 2011). · cites it 2× “38 U.S.C. § 4331 (a). The DOL issued these regulations after a notice and comment period.”
Joel Bradberry v. Jefferson Cnty., Texas, 732 F.3d 540 (5th Cir. 2013). “38 U.S.C. § 4331 (a); 20 C.F.R. §§ 1002.1-1002.”
Middleton v. City of Chicago, 578 F.3d 655 (7th Cir. 2009). “The DOL is charged with promulgating rules for administering USER-RA, 38 U.S.C. § 4331 (a), and its position has been that the law is not subject to § 1658, see USERRA Preamble, 70 Fed.”
Douglas Milhauser v. Minco Prods., Inc., 701 F.3d 268 (8th Cir. 2012). · cites it 2× “38 U.S.C. § 4331 (a); see generally United States v.”
Mace v. Willis, 259 F. Supp. 3d 1007 (D.S.D. 2017). “See 38 U.S.C. § 4331 . B. Application of the Law to Ms.”
Behalf v. Am. Airlines Grp., Inc., 384 F. Supp. 3d 520 (E.D. Pa. 2019). “Defendants rely on a Department of Labor regulation which states in part, "although USERRA does not require an employer to pay an employee for time away from work performing service, an employer policy, plan, or practice that provides such a benefit is permissible under USERRA.”
Alvin G. Sykes v. Columbus & Greenville Ry., 117 F.3d 287 (5th Cir. 1997). “See 38 U.S.C. § 4331 ; H. Rep., supra, at 2473 (discussing the new regulatory power and acknowledging the “measure of weight” courts have afforded statutory interpretations in the Handbook and Legal Guide).”
John E. Kirkendall v. Dep't of the Army, 412 F.3d 1273 (Fed. Cir. 2005). “Even if we did not think it clear that section 7701 applies to USERRA cases, Kirkendall would be entitled to a hearing because the board promulgated regulations pursuant to 38 U.S.C. § 4331 (b)(2) bringing USERRA cases within its appellate jurisdiction.”
Rivera-Cartagena v. Wal-Mart Puerto Rico, Inc., 767 F. Supp. 2d 310 (D.P.R. 2011). “” 38 U.S.C. § 4331 (a). The purpose of USERRA is not to protect employees from tortious acts of employers, but to prevent and to compensate service members for employment discrimination based on military status.”
Sutton v. City of Chesapeake, 713 F. Supp. 2d 547 (E.D. Va. 2010). “) Pursuant to 38 U.S.C. § 4331 (a), the Department of Labor has the authority to promulgate regulations concerning USER-RA.”
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