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.

Employers are permitted to hire persons to occupy a position vacated by an employee on active duty. Except with respect to persons who have a disability incurred in or aggravated by military service, the position into which a person is reinstated is based on the length of a person’s military service.

  1. (a) In the job the person would have held had the person remained continuously employed, so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer.
    (b) In the job in which the person was employed on the date of the commencement of the service in the uniformed services, only if the person is not qualified to perform the duties of the position referred to in subparagraph (a) after reasonable efforts by the employer to qualify the person.
  2. If the employee cannot become qualified for either position described in (a) or (b) above (other than for a disability incurred in or aggravated by the military service) even after reasonable employer efforts, the person must be reemployed in a position that is the nearest approximation to the positions described above (in that order) which the person is qualified to perform, with full seniority.

The Disabled Veterans Outreach Program (DVOP) employment representative or Local Veterans Employment Representative (LVER) at your local New Mexico Workforce Connection office can make sure that your resume gets to employers looking for someone with your job skills or interests.

More than 111,000 transitioning service members take advantage of a 3-5 day Transition Assistance Program (TAP) workshop offered at 174 military installations nationwide. TAP workshops give information on finding jobs in the civilian labor force and benefits and services available to veterans and their families. Recently legislation was passed that allows military personnel within one year of separating from the military service and service members within two years of military retirement the opportunity to attend TAP workshops. For further information, contact your installation Family Support Center or military command. The e-VETS resource Advisor is an online tool designed to help veterans preparing to enter the job market. It includes information on a broad range of topics such as job search tools and tips, employment openings, career assessment, education and training, and benefits and special services available to veterans.

No. The law requires an employee to provide their employers with advance notice of military service, with some exceptions.


Notice may be either written or oral. It may be provided by the employee or by an appropriate officer of the branch of the military in which the employee will be serving. However, no notice is required if

  • Military necessity prevents the giving of notice; or
  • The giving of notice is otherwise impossible or unreasonable.

"Military necessity" for purposes of the notice exception is defined in regulations of the Secretary of Defense as “a mission, operation, exercise or requirement that is classified, or a pending or ongoing mission, operation, exercise or requirement that may be compromised or otherwise adversely affected by public knowledge.