New Jersey Military Service (USERRA) laws & HR compliance analysis

New Jersey Military Service (USERRA): What you need to know

Much like the federal government, which has enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA), many states have enacted laws to protect the employment status of the men and women who serve in the armed forces (38 USC 4301et seq.).
New Jersey has enacted such a law.
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Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed servicepeople.
That is, if New Jersey law is less protective than USERRA, the rights given by USERRA will apply and not the less protective New Jersey law. Additionally, if New Jersey law is more protective than USERRA, the New Jersey law will apply.
Active duty. Any nontemporary employee who leaves a job to perform required military duty must be given a leave of absence.
If the employee meets the eligibility criteria outlined in the following paragraph and applies for reinstatement within 90 days following release from duty, he or she must be reinstated to the same job or a similar job of like seniority, pay, and status, unless a change in the employer's circumstances make it impossible or unreasonable to do so.
If, for reasons of economy or efficiency, the employer's circumstances have changed so that it is impossible or unreasonable to restore the returning serviceperson to his or her position, the employer must restore the serviceperson to any available position that he or she is qualified to perform.
To establish eligibility for reinstatement, employees must have a certificate of completion of military service and must still be qualified to perform the duties of the job. Employers are prohibited from discharging a reinstated employee ...

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