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Military Duty Leave for Employees in New Jersey

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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New Jersey employers must provide employees with leave for military duty in accordance with these state rules.

In New Jersey, any person who leaves a permanent, private sector position to perform military service must be restored to that position or to one of like seniority, status and pay when the service is completed, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so.

Reinstatement

Reinstatement depends upon compliance with the following requirements:

  • the duties of the job can still be performed;
  • a certificate of completion of military service is presented; and
  • application for reemployment is made within 90 days after release from service.

Those restored to positions are considered as having been on leave of absence during the period of military service and must be restored without loss of seniority and are entitled to participate in insurance or other benefits as other employees on leave.

A person who has taken military leave may not be discharged from the restored position without cause for one year.

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