§ 416. Rights and protections relating to veterans’ employment and reemployment
(a)
Employment and Reemployment Rights of Members of the Uniformed Services.—
(1)
In general.—
It shall be unlawful for an employing office to—
(A)
discriminate, within the meaning of subsections (a) and (b) of section
4311 of title 38, against an eligible employee;
(2)
Definition.—
For purposes of this section, the term “eligible employee” means a covered employee performing service in the uniformed services, within the meaning of section
4303
(13) of title
38, whose service has not been terminated upon the occurrence of any of the events enumerated in section 4304 of such title.
(b)
Remedy.—
The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under section
4323
(d) of title
38.
(c)
Regulations To Implement Section.—
(1)
In general.—
The President, or the designee of the President, shall issue regulations to implement this section.
(2)
Agency regulations.—
The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b)—
(A)
except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
(B)
except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section
4314 or
4324 of title
38, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—