USERRA: New Jersey
Federal law and guidance on this subject should be reviewed together with this section.
Author: John Sarno, Employer's Association of New Jersey
Summary
- USERRA is a federal law that provides leave rights for public and private employees with military obligations. New Jersey law will apply in instances where it provides greater benefits, protections and/or rights than USERRA. See New Jersey Military Leave.
- Similar to USERRA, under the New Jersey Soldiers' and Sailors' Civil Relief Act, New Jersey employers must reinstate non-temporary employees who take leave to perform military service to their position or a position of like seniority, status and pay, as long as the employee fulfills certain reinstatement requirements. See Reinstatement.
- New Jersey law prohibits discrimination against military servicemembers. See Discrimination Protections.