Page:United States Statutes at Large Volume 108 Part 4.djvu/518

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108 STAT. 3152 PUBLIC LAW 103-353—OCT. 13, 1994 in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty. "(14) The term 'State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories of the United States (including the agencies and political subdivisions thereof). "(15) The term 'undue hardship', in the case of actions taken by an employer, means actions requiring significant dif- ficulty or expense, when considered in light of— "(A) the nature and cost of the action needed under this chapter; "(B) the overall financial resources of the facility or facilities involved in the provision of the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility; "(C) the overall financial resources of the employer; the overall size of the business of an employer with respect to the number of its employees; the number, type, and location of its facilities; and "(D) the type of operation or operations of the employer, including the composition, structure, and functions of the work force of such employer; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer. "(16) The term 'uniformed services' means the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency. "§ 4304. Character of service "A person's entitlement to the benefits of this chapter by reason of the service of such person in one of the uniformed services terminates upon the occurrence of any of the following events: "(1) A separation of such person from such uniformed service with a dishonorable or bad conduct discharge. Regulations. "(2) A Separation of such person from such uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by the Secretary concerned. "(3) A dismissal of such person permitted under section 1161(a) of title 10. "(4) A dropping of such person from the rolls pursuant to section 1161(b) of title 10.