Officers and enlisted men of the organized militia who are ordered to active duty or training are protected in their civilian (public and private) employment during periods of active duty or training, under the following conditions: (1) the position left must not be a temporary one; and (2) application for reemployment must be made within 30 days after being relieved from duty or training.
Reinstatement. If the applicant is still qualified to perform the duties of the position he or she left, the employee must be restored to that former position, or to a position of like seniority, status and pay. If the employee is not qualified to perform the duties of that position because of a disability sustained during active duty or training, but can perform the duties of any other position, the employee is entitled to another position that will provide like seniority, status and pay. The employer is not required to reemploy an employee where circumstances have so changed as to make it impossible or unreasonable to do so.
Any person who is restored to a position must be restored in such manner as
to give the employment status that the employee would have enjoyed had the
employment been continuous from the time of entering active duty or training
until being restored to the civilian employment. No fees or costs may be taxed
against a person who brings an action to enforce reemployment rights.