Yes. Because Carlton was honorably discharged from military duty and made a request for reemployment, he is entitled to reemployment in his former position. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) requires employers to keep a service member on a reemployment eligibility list for the period he would have been entitled to remain on that list had he not been called to military service.
So, despite being on layoff status on the date of the call up for military service, a service member would still be “in the employ” of the employer. Thus, the service member’s employment right to the remaining days of eligibility for recall must be maintained.
Source: CCH: When Duty Calls: Military Leave and Veterans’ Rights.