On Monday the House of Representatives passed by voice vote the Wounded Veteran Job Security Act (H.R. 466), a bill that would amend the Uniformed Services Employment and Reemployment Rights Act (USERRA) to prohibit acts of discrimination and reprisal against an employee who is absent from work to receive medical treatment for a service-connected illness, injury or disability. Specifically, under this legislation these employees:

• Would have the right to retain their jobs;
• Would be entitled to seniority and other rights and benefits determined by seniority while on leave;
• Would be entitled to any other rights or benefits ordinarily provided to other employees who are on furlough or leave of absence;
• Upon request, could use for absences for service-connected illness, injury or disability treatment any vacation, annual, medical, or other paid leave accrued by the individual;
• Would be treated as if he or she is absent by reason of military service for purposes of entitlement to employer-provided health care and pension benefit plans;
• Would be protected from acts of discrimination or reprisal for taking such leave.

If the employee notifies the employer in writing that he or she does not intend to return to work, the benefits provided by this Act would terminate. In addition, an employer would not be required to retain an employee on leave for service-related illness, injury or disability treatment if (a) compliance with the Act is impossible or unreasonable due to the employer’s significantly changed circumstances; (b) compliance would impose an undue hardship; or (c) the employment from which the person is absent by reason of the receipt of medical treatment is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period. In each of these circumstances, the employer would bear the burden of proof.

After passing the House, this bill was referred to the Senate Committee on Veterans' Affairs. If signed into law, the provisions of this bill would apply to medical treatment received on or after the date of enactment.