Collapse to view only § 4331. Regulations
- § 4331. Regulations
- § 4332. Reports
- § 4333. Outreach
- § 4334. Notice of rights and duties
- § 4335. Training for Federal executive agency human resources personnel on employment and reemployment rights and limitations
§ 4331. Regulations
(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.)
§ 4332. Reports
(a)Annual Report by Secretary.—The Secretary shall, after consultation with the Attorney General and the Special Counsel referred to in section 4324(a)(1), transmit to Congress not later than July 1 each year a report on matters for the fiscal year ending in the year before the year in which such report is transmitted as follows:
(1) The number of cases reviewed by the Department of Labor under this chapter during the fiscal year for which the report is made.
(2) The number of cases reviewed by the Secretary of Defense under the National Committee for Employer Support of the Guard and Reserve of the Department of Defense during the fiscal year for which the report is made.
(3) The number of cases referred to the Attorney General or the Special Counsel pursuant to section 4323 or 4324, respectively, during such fiscal year and the number of actions initiated by the Office of Special Counsel before the Merit Systems Protection Board pursuant to section 4324 during such fiscal year.
(4) The number of complaints filed by the Attorney General pursuant to section 4323 during such fiscal year.
(5) The number of cases reviewed by the Secretary and the Secretary of Defense through the National Committee for Employer Support of the Guard and Reserve of the Department of Defense that involve the same person.
(6) With respect to the cases reported on pursuant to paragraphs (1), (2), (3), (4), and (5)—
(A) the number of such cases that involve a disability-related issue; and
(B) the number of such cases that involve a person who has a service-connected disability.
(7) The nature and status of each case reported on pursuant to paragraph (1), (2), (3), (4), or (5).
(8) With respect to the cases reported on pursuant to paragraphs (1), (2), (3), (4), and (5) the number of such cases that involve persons with different occupations or persons seeking different occupations, as designated by the Standard Occupational Classification System.
(9) An indication of whether there are any apparent patterns of violation of the provisions of this chapter, together with an explanation thereof.
(10) Recommendations for administrative or legislative action that the Secretary, the Attorney General, or the Special Counsel considers necessary for the effective implementation of this chapter, including any action that could be taken to encourage mediation, before claims are filed under this chapter, between employers and persons seeking employment or reemployment.
(b)Quarterly Reports.—
(1)Quarterly report by secretary.—Not later than 30 days after the end of each fiscal quarter, the Secretary shall submit to Congress, the Secretary of Defense, the Attorney General, and the Special Counsel a report setting forth, for the previous full quarter, the following:
(A) The number of cases for which the Secretary did not meet the requirements of section 4322(f) of this title.
(B) The number of cases for which the Secretary received a request for a referral under paragraph (1) of section 4323(a) of this title but did not make such referral within the time period required by such paragraph.
(2)Quarterly report by attorney general.—Not later than 30 days after the end of each fiscal quarter, the Attorney General shall submit to Congress, the Secretary, the Secretary of Defense, and the Special Counsel a report setting forth, for the previous full quarter, the number of cases for which the Attorney General received a referral under paragraph (1) of section 4323(a) of this title but did not meet the requirements of paragraph (2) of section 4323(a) of this title for such referral.
(3)Quarterly report by special counsel.—Not later than 30 days after the end of each fiscal quarter, the Special Counsel shall submit to Congress, the Secretary, the Secretary of Defense, and the Attorney General a report setting forth, for the previous full quarter, the number of cases for which the Special Counsel received a referral under paragraph (1) of section 4324(a) of this title but did not meet the requirements of paragraph (2)(B) of section 4324(a) of this title for such referral.
(c)Uniform Categorization of Data.—The Secretary shall coordinate with the Secretary of Defense, the Attorney General, and the Special Counsel to ensure that—
(1) the information in the reports required by this section is categorized in a uniform way; and
(2) the Secretary, the Secretary of Defense, the Attorney General, and the Special Counsel each have electronic access to the case files reviewed under this chapter by the Secretary, the Secretary of Defense, the Attorney General, and the Special Counsel with due regard for the provisions of section 552a of title 5.
(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3168; amended Pub. L. 108–454, title II, § 202, Dec. 10, 2004, 118 Stat. 3606; Pub. L. 110–181, div. A, title V, § 595, Jan. 28, 2008, 122 Stat. 139; Pub. L. 110–389, title III, § 312(a)–(d), Oct. 10, 2008, 122 Stat. 4164, 4165.)
§ 4333. Outreach
The Secretary, the Secretary of Defense, and the Secretary of Veterans Affairs shall take such actions as such Secretaries determine are appropriate to inform persons entitled to rights and benefits under this chapter and employers of the rights, benefits, and obligations of such persons and such employers under this chapter.
(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3169.)
§ 4334. Notice of rights and duties
(a)Requirement To Provide Notice.—Each employer shall provide to persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. The requirement for the provision of notice under this section may be met by the posting of the notice where employers customarily place notices for employees.
(b)Content of Notice.—The Secretary shall provide to employers the text of the notice to be provided under this section.
(Added Pub. L. 108–454, title II, § 203(a), Dec. 10, 2004, 118 Stat. 3606.)
§ 4335. Training for Federal executive agency human resources personnel on employment and reemployment rights and limitations
(a)Training Required.—The head of each Federal executive agency shall provide training for the human resources personnel of such agency on the following:
(1) The rights, benefits, and obligations of members of the uniformed services under this chapter.
(2) The application and administration of the requirements of this chapter by such agency with respect to such members.
(b)Consultation.—The training provided under subsection (a) shall be developed and provided in consultation with the Director of the Office of Personnel Management.
(c)Frequency.—The training under subsection (a) shall be provided with such frequency as the Director of the Office of Personnel Management shall specify in order to ensure that the human resources personnel of Federal executive agencies are kept fully and currently informed of the matters covered by the training.
(d)Human Resources Personnel Defined.—In this section, the term “human resources personnel”, in the case of a Federal executive agency, means any personnel of the agency who are authorized to recommend, take, or approve any personnel action that is subject to the requirements of this chapter with respect to employees of the agency.
(Added Pub. L. 110–389, title III, § 313(a), Oct. 10, 2008, 122 Stat. 4166.)