The New Jersey Military Leave Law Expanded

On January 3, 2008, the New Jersey Military Leave law concerning reemployment of military service personnel (N.J.S.A. 38:23C-20) was amended.  Under the new  law, any non-temporary employee who has successfully returned from military service, remains qualified for his or her former position, and who applies for reemployment within 90 days after service ended, must be restored to his or her prior position, or to a position of like seniority, status and pay, unless the employer’s circumstances have so changed.   If the circumstances of an employer have so changed because of reasons of economy or efficiency as to make it impossible or unreasonable to restore a serviceperson, such employer shall restore such person to any available position, if requested by such person, for which the person is able or qualified to perform the duties.  Similar revisions apply to employees participating in training for up to three months during any four-year period, or participating in the militia or Army Reserves.   This law also makes additional revisions to current law with regard to public sector employers, such as prohibiting any layoff of a public employee on military leave for active service in time of war or emergency, even when the person continues that service voluntarily, beyond the time when he/she could be released from that service.

Note: This article was published in the April 1, 2008 issue of the New Jersey eAuthority.