Military leave - New Jersey

Summary of differences between federal and state regulations

The Uniformed Services Employment and Reemployment Rights Act (USERRA) does not provide protection to members of the National Guard serving the states, nor do such members receive the protections of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) (which was re-written in 2003 as the Servicemembers Civil Relief Act) when in state (rather than federal) service. The state protections listed below are in addition to protections under federal laws.

Private employers

If any person, in order to perform military service, leaves a position (other than a temporary position) and (1) Receives a certificate of completion of military service; (2) Is still qualified to perform the duties of such position; and (3) Makes application for reemployment within 90 days after he is relieved from service; such employer shall restore that person to such 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.

Any such person shall be restored without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer, and shall not be discharged without cause within one year after such restoration.

Employees of public employers are also entitled to pay during a period of leave, except in certain cases.

State

Contacts

None.

Regulations

New Jersey Statutes Title 38, §38:23C-20, Reemployment of persons after completion of military service.

New Jersey Statutes Title 38, §38:23-1, Leave of absence for public officers, employees.

Federal

Contacts

DOL’s Veterans’ Employment and Training Service (VETS)

Veterans’ Employment and Training Service (VETS)
200 Constitution Avenue, NW
Room S-1325
Washington, D.C. 20210
Phone: 1-866-4-USA-DOL (1-866-487-2365) or 202-693-4770

Website: www.dol.gov/vets/

Regulations

5 CFR Part 353 Restoration to Duty from Uniformed Service or Compensable Injury

20 CFR Part 1002 Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994