(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.