NJLM - Leave Rights – NJ Guard Family Appreciation Day Donors

MILITARY LEAVE RIGHTS AND RESPONSIBILITIES

Federal law as contained in the Uniformed Services Employment and Reemployment Rights Act (USERRA), Title 38, Chapter 43, United States Code provides for the following:

The Employers’ Responsibilities:

Provide military leave of absence to the citizen soldier (up to 5 years cumulative active duty)
     Employees must be excused from work for drills, annual training in addition to active duty
     Employers cannot require soldier to find a replacement while away on duty
     Employers cannot require soldier to use earned vacation or similar leave for military duty
Promptly reinstate the citizen soldier back into his/her job
Provide the accumulation of seniority including pension plan benefits
Reinstate health insurance, regardless of pre-existing conditions
Provide training or retraining of job skills, including accommodations for disabled
Protect against discrimination

The Citizen-Soldiers’ Responsibilities:

Before reporting for duty: Provide prior notice to employer (preferably in writing)
While performing duty: Serve under honorable conditions
After release from duty: Return to work in a timely manner

Reemployment Timetable for Citizen Soldiers:

Less than 31 days of service-Report next work day after safe travel from home and 8 hours rest
31-180 days of service -Apply for reinstatement within 14 days of release from active duty
Over 180 days of service -Apply for reinstatement within 90 days of release from active duty

Further information may be obtained from Employer Support of the Guard and Reserve at 1-800-336-4590/609-530-6879 or www.esgr.com and www.njesgr.org

State law as contained in N.J.S.A. 38 and 38A, and N.J.A.C. 4A provides for the following:

Public Employers’ Responsibilities:

Employees must be excused for any period of military service including drills, annual training, and other active duty

  Provide military leave to public employee members of the National Guard or Reserves
  Members of the NJ National Guard are entitled to paid military leave for up to 90 workdays each year
  Members of the Reserves are entitled to paid military leave for up to 30 workdays each year
  Employees must be permanent, at-will, or Full-Time Temporary
  Drill weekends are not considered active duty for purposes of paid military leave