Any person who, after having given advance written or verbal notice of an obligation or intention to perform service in the uniformed services to the person’s employer, unless notice is precluded by military necessity or is otherwise impossible or unreasonable, since July 1, 1940, has left or leaves a position the person has held, other than a temporary position, in the employ of any employer to enter the armed forces of the United States, an organized reserve or the national guard of this state or any other state or territory of the United States and who serves on active duty and is honorably discharged or released from active duty to complete the person’s remaining service in a reserve component or is entitled to a certificate of service, or who terminates service without dishonor, has not had a cumulative period of absence in excess of five years by reason of service in the uniformed services and is still qualified to perform the duties of that position and makes application for reemployment within ninety days after the person is relieved from training and service, or from hospitalization and convalescence continuing after discharge for a period of not more than two years, shall be reemployed as follows:

A. if the person’s position was in the employ of a private employer, the employer shall restore the person to that position or to a position of like seniority, status and pay unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so; or

B. if the person’s position was in the employ of the state or any political subdivision thereof, the person shall be deemed to meet all the requirements of the Personnel Act [N.M. Stat. Ann. Chapter 10, Article 9] as well as all residency requirements or other provisions of law and shall be restored to that position or to a position of like seniority, status and pay.