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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?

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.

Must an employee’s job be kept open while the employee is on military duty?

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.

How can I get my resume to employers who may want to hire veterans?

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.

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