If an employee would have been laid off while he or she was performing military service, does an employer have to reemploy the person when the military service is completed?

Answered by Kelly Jones

Reemployment

No. The employee is reemployed in a layoff status with recall rights in accordance with the

employer policy for recalls. The employee must be given seniority credit for the period of military

leave up to the date he or she would have been laid off. If a complaint were filed, the employer would

have a burden to prove the layoff would have occurred if the person had remained employed during the

period of military service.

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Written 3 years ago