Military Leave and Layoff

TBHRPRO

Can you help me out with this one? An employee was just called out for the reserves, and we a possibly looking at a workforce reduction. Due to his senority status, he would have probably been in this layoff. Could he be laid off while on military leave? Of course this has nothing to do with the military assignment. Just a slow down in business. I have checked the Employer Resource Guide from the ESGR, but cannot find anything relating to this type of situation. Thanks for all of your help!

Don D

An employee on FMLA, ADA covered, Comp, maternity or Military leave enjoys no protection from reductions in force, discipline in motion, or layoff that he/she would not have enjoyed had it not been for that significant event.