Question: 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?

Answer: 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.