Rights and protections under the Worker Adjustment and Retraining Notification Act

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§415. Rights and protections under the Worker Adjustment and Retraining Notification Act

(a) Worker Adjustment and Retraining Notification Rights.-

(1) In general.-Except as provided in paragraph (2), no employing office shall be closed or mass layoff ordered within the meaning of section 3 of the Worker Adjustment and Retraining Notification Act until the end of a 60-day period after the employing office serves written notice of such prospective closing or layoff to representatives of covered employees or, if there are no representatives, to covered employees.

(2) Exception.-

(A) In general.-In the event that a President (hereinafter in this paragraph referred to as the "previous President") is not elected to a successive term in office as a result of the election of a new President-

(i) no notice or waiting period shall be required under paragraph (1) with respect to the separation of any individual described in subparagraph (B), if such separation occurs pursuant to a closure or mass layoff ordered after the term of the new President commences; and

(ii) if any individual is separated from service, or begins a period of leave under the Family and Medical Leave Act of 1993, before such term commences, nothing in this chapter shall require reinstatement or restoration to employment of the individual after such term commences.

(B) Description of individuals.-An individual described in this subparagraph is any covered employee serving pursuant to an appointment made during-

(i) the term of office of the previous President; or

(ii) any term, earlier than the term referred to in clause (i), during which such previous President served as President or Vice President.

(b) Remedy.-The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under paragraphs (1), (2), and (4) of section 5(a) of the Worker Adjustment and Retraining Notification Act.

(c) Regulations To Implement Section.-

(1) In general.-The President, or the designee of the President, shall issue regulations to implement this section.

(2) Agency regulations.-The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.

(d) Effective Date.-Subsections (a) and (b) shall take effect on the earlier of-

(1) the effective date of regulations issued under subsection (c); or

(2) October 1, 1998.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110 Stat. 4059 .)

Editorial Notes

References in Text

Sections 3 and 5 of the Worker Adjustment and Retraining Notification Act, referred to in subsecs. (a)(1) and (b), are classified to sections 2102 and 2104, respectively, of Title 29, Labor.

The Family and Medical Leave Act of 1993, referred to in subsec. (a)(2)(A)(ii), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6 , as amended, which enacted sections 60m and 60n of Title 2, The Congress, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§2601 et seq.) of Title 29, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.

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