An employee who leaves work to serve in the South Carolina State or National Guard must be reinstated to his or her previous position or to a position of like seniority, status, and salary, provided the employee:
• Receives an honorable discharge
• Applies in writing to the employer within 5 days of discharge from duty or from hospitalization continued after release from active duty
• Is still qualified for his or her previous position
If the employee is no longer qualified for the previous position, the employer must offer an alternative position for which the employee is qualified and will give the employee appropriate seniority, status, and salary (SC Code Sec. 25-1-2310et seq.).
Exception. An employer is not required to reinstate an employee if, under the circumstances, it would be unreasonable to do so.