§ 4314. Reemployment by the Federal Government
(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
(2)
The Director shall carry out the duties referred to in subparagraphs (A) and (B) of paragraph (1) if the Director determines that—
(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).