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USERRA: New Jersey

USERRA requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: John Sarno, Employers 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.