REEMPLOYMENT TO SAME POSITION FOLLOWING MILITARY SERVICE

(a) A public employee who leaves a state position or a position with a local governmental entity to enter active military service is entitled to be reemployed: (1) by the state or the local governmental entity; (2) in the same department, office, commission, or board of this state, a state institution, or local governmental entity in which the employee was employed at the time of the employee's induction or enlistment in, or order to, active military service; and (3) in: (A) the same position held at the time of the induction, enlistment, or order; or (B) a position of similar seniority, status, and pay. (b) To be entitled to reemployment under Subsection (a), the employee must be: (1) discharged, separated, or released from active military service under honorable conditions not later than the fifth anniversary of the date of induction, enlistment, or call to active military service; and (2) physically and mentally qualified to perform the duties of that position.