Military Service (Active Duty) Leave. Any employee who volunteers, is 9 inducted, or is recalled into active military duty shall be considered to be on a 10 leave of absence without pay for the period of such service not to exceed five (5) 11 years. If the employee requests reemployment within ninety (90) days of 12 honorable discharge from such military service or after having presented other 13 proof of having satisfactorily completed service, the employee shall be reinstated 14 and restored, as nearly as existing circumstances permit, to the position previously 15 held or to a position of like seniority, status and pay. Provided, that the District 16 need not reemploy such person if circumstances have so changed as to make it 17 impossible, unreasonable, or against the public interest to do so; provided, further, 18 that this section shall not apply to a temporary position. 19 20 If a person is not qualified for the old position as a result of disability sustained 21 during military service, but is nevertheless qualified to perform the duties of 22 another position under the control of the District, the employee shall be 23 reemployed in such other position; provided that such position shall provide like 24 seniority status and pay, or the nearest approximation thereto consistent with the 25 circumstances of the case. 26
