Military Duty Leave for Employees in New Jersey

Reinstatement. In New Jersey, any person who leaves a private sector job, other than a temporary one, must be restored to that job 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. However, restoration depends upon compliance with the following requirements: (1) the duties of the job can still be performed; (2) a certificate of completion of military service is presented; and (3) application for reemployment is made within 90 days after release from service.

Job protection is also afforded to persons on temporary military duty (annual training or to attend service schools) for up to three months. Employees must apply for reemployment within 10 days of completion of the temporary duty. Similar job protections are afforded to members of the reserves or organized militia who are discharged or suspended by employers because of membership and apply for reemployment within 10 days after discharge or suspension. Job protection is not given to those who attend service school for more than three months during any four-year period.

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.

Discrimination. A person who has taken military leave may not be discharged from the restored position without cause for one year. It is not unlawful for an employer to refuse to accept for employment an applicant who has received a notice of induction or orders to report for active duty in the armed forces.