Page:United States Statutes at Large Volume 75.djvu/861

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[75 Stat. 821]
PUBLIC LAW 87-000—MMMM. DD, 1961
[75 Stat. 821]

76

STAT.]

PUBLIC LAW 87-391-OCT. 4, 1961

821

Public Law 87-391 AN ACT To amend and clarify the reemployment provisions of the Universal Military Training and Service Act, and for other purposes.

October 4, 1961 [H. R. 8765]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the Re"m'*i^°'m*'nt Universal Military Training and Service Act, as amended (50 U.S.C. rightr"'^ oymen 62 Stat. 614. App. 459), is amended as follows: (1) By amending paragraph (1) of subsection (g) to read as 65 Stat. 86. follows: "(1) Any person who after entering the employment to which he claims restoration, enlists in the Armed Forces of the United States (other than a reserve component) shall be entitled upon release from service under honorable conditions to all the reemployment rights and other benefits provided for by this section in the case of persons inducted under the provisions of this title, if the total of his service performed between June 24, 1948, and August 1, 1961, did not exceed four years, and the total of any service, additional or otherwise, performed by him after August 1, 1961, does not exceed four years (plus in each case any period of additional service imposed pursuant to law)." (2) By amending paragraph (2) of subsection (g) to read as follows: "(2) Any person who, after entering the employment to which he claims restoration, enters upon active duty (other than for the purpose of determining his physical fitness and other than for training), whether or not voluntarily, in the Armed Forces of the United States or the Public Health Service in response to an order or call to active duty shall, upon his relief from active duty under honorable conditions, be entitled to all of the reemployment rights and benefits provided by this section in the case of persons inducted under the provisions of this title, if the total of such active duty performed between June 24, 1948, and August 1, 1961, did not exceed four years, and the total of any such active duty, additional or otherwise, performed after August 1, 1961, does not exceed four years (plus in each case any additional period in which he was unable to obtain orders relieving him from active duty)." (3) By amending paragraph (4) of subsection (g) to read as 74 Stat. 467. follows: "(4) Any employee not covered by paragraph (3) of this subsection who holds a position described in paragraph (A) or (B) of subsection (b) of this section shall upon request be granted a leave of absence by his employer for the period required to perform active duty for training or inactive duty training in the Armed Forces of the United States. Upon his release from a period of such active duty for training or inactive duty traininc;, or upon his discharge from hospitalization incident to that training, such employee shall be permitted to return to his position with such seniority, status, pay, and vacation as he v'ould have had if he had not been absent for such purposes. He shall report for work at the beginning of his ncx^ regularly scheduled working period after expiration of the last calendar day necessary to travel from the place of training to the place of employment following his release, or within a reasonable time thereafter if delayed return is due to factors beyond the employee's control. Failure to report for work at such next regularly scheduled working period shall make the employee subject to the conduct rules of the employer pertaining to explanations and discipline with respect to absence from scheduled work. If that employee is hospitalized incident to active