Protection for members of the military community who were Federal employees

(a) In general Any veteran, military spouse, caregiver, survivor, or member of a reserve component who is in a position in the civil service may not be removed, demoted, or suspended— (1) as a part of a group of more than 5 persons who are being removed, demoted, or suspended on the same day by the agency employing the persons; (2) without providing a notification to the direct supervisor of the veteran, military spouse, caregiver, survivor, or member of a reserve component not less than 10 business days before the removal, demotion, or suspension, unless the supervisor advises or approves the removal, demotion, or suspension; (3) on the basis of performance, unless the veteran, military spouse, caregiver, survivor, or member of a reserve component has received at least 1 performance rating at or below level 2 or minimally satisfactory (or a similar equivalent level) during the 1-year period ending on the date of the removal, demotion, or suspension; or (4) if the removal, demotion, or suspension would result in a greater than 50 percent vacancy rate for the office or position of the veteran, military spouse, caregiver, survivor, or member of a reserve component or a significant reduction or elimination of the duties being carried out by the veteran, military spouse, caregiver, survivor, or member of a reserve component, without approval by the direct supervisor of the veteran, military spouse, caregiver, survivor, or member of a reserve component. (b) Review Not later than 10 days after the date of the removal, demotion, or suspension of any veteran, military spouse, caregiver, survivor, or member of a reserve component in a position the civil service, the removal, demotion, or suspension shall be referred to the Merit Systems Protection Board or the Office of Special Counsel, unless the individual agrees to waive the right to such a referral.