In this subtitle the following words have the meanings indicated. “Returning veteran” means an individual who left State employment to perform service in the uniformed services and who seeks reinstatement to State employment. “Returning veteran” does not include an individual who left State employment while serving as a temporary employee. “Service in the uniformed services” has the meaning stated in 38 U.S.C. § 4303.

This subtitle applies to all units in the Executive, Judicial, and Legislative branches of State government, including any unit with an independent personnel system.

A returning veteran who was inducted into the armed forces is eligible for reinstatement under this subtitle if the veteran: performed military service of a nature and length that meet the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of a returning veteran; received a certificate of satisfactory completion of military service; and except as otherwise provided in § 2–704 of this subtitle, submits an application for reinstatement within 90 days after the veteran is discharged from that military service. A returning veteran who enlisted in the armed forces is eligible for reinstatement under this subtitle if the veteran: performed military service of a nature and length that meet the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of a returning veteran; was released from service under honorable conditions; and except as otherwise provided in § 2–704 of this subtitle, submits an application for reinstatement within 90 days after the end of the enlistment period. A returning veteran who was called to active duty in the uniformed services is eligible for reinstatement under this subtitle if the veteran: performed service in the uniformed services of a nature and length that meet the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of a returning veteran; was relieved from active duty under honorable conditions; and except as otherwise provided in § 2–704 of this subtitle, submits an application for reinstatement within 90 days after the veteran is relieved from that duty.

An otherwise eligible returning veteran who was hospitalized at the time of discharge, end of enlistment, or relief from active duty may apply for reinstatement if: the application is submitted within 90 days after the returning veteran is discharged from the hospital; and the hospitalization does not last more than 1 year from the date of discharge, end of enlistment, or relief from active duty.

A returning veteran who meets the requirements of this subtitle shall be reinstated: to the class previously held by the returning veteran within the principal department or other independent unit in which the returning veteran had been employed; or to a position of equal responsibilities, qualifications, and rate of pay. If, because of a disability sustained during service in the uniformed services, a returning veteran is not qualified to perform the duties of the position that the veteran previously held, the returning veteran shall be reinstated to a position that: has duties that the veteran is qualified to perform; and provides the rate of pay, seniority, and status that are the same as or as similar as the circumstances of the case allow to those of the position previously held by the veteran. Subsections (a) and (b) of this section need not be implemented if the circumstances in State government have changed to the extent that implementation is impossible or unreasonable.

A returning veteran who is reinstated under this subtitle is entitled to start at the salary and rate of leave accrual that the veteran would have attained if employment with this State had been continuous. In calculating seniority, status, and length of State employment of a returning veteran who is reinstated under this subtitle, the period from the day the veteran entered service in the uniformed services to the day that the veteran is reinstated shall be added to the period of the veteran’s State employment. A returning veteran who is reinstated under this subtitle is entitled to: all benefits and privileges, including rate of pay, that result from the additional seniority and status credited under subsection (b) of this section; pension and retirement rights as determined under Title 38, Subtitle 1 of this article; and any service status that the veteran had when the veteran entered service in the uniformed services, with adjustments to reflect the additional seniority credited under subsection (b) of this section. A returning veteran who is reinstated to a position under this subtitle may not be discharged from that position within 1 year after reinstatement without substantial cause and, if the position is a skilled service or professional service position, with the exception of special appointments, only for the reasons and in the manner provided for skilled service or professional service employees.

A member of a reserve component is eligible for the reinstatement rights and benefits specified in §§ 2–705 and 2–706(a), (b), and (c) of this subtitle if the reservist: performed active duty for training of a nature and length that meet the requirements for eligibility under Title 38 U.S.C. § 4301 et seq.; was released from that duty after satisfactory service; and except as provided in subsection (b) of this section, submits an application for reinstatement within 31 days after the reservist was released from that duty. An otherwise eligible member of a reserve component who was hospitalized at the time the reservist was scheduled to be released from active duty for training may apply for reinstatement if: the application is submitted within 31 days after the reservist is discharged from the hospital; and the hospitalization: is connected to the reservist’s active duty for training; and does not last more than 1 year from the date on which the reservist was scheduled to be released from that duty. A member of a reserve component who is reinstated to a position under this section may not be discharged from that position within 6 months after reinstatement without substantial cause and, if the position is a skilled service or professional service position, with the exception of special appointments, only for the reasons and in the manner provided for skilled service or professional service employees.