Military Leave Update
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With the continued deployment of the Reserves and National Guard on tours overseas, military leave laws are impacting more and more small businesses.
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 
hassuccessfully returnedfrommilitary 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
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.
How Extensis Can Help
With the continued likelyhood of Reserve and National Guard deployments overseas, it is important that employers to ensure that all legal requirements mandated under Federal law are effectively met by the company.
Extensis has years of experience assisting our clients manage the impacts of military deployments, ensuring our client’s remain in compliance and minimizing the potentially disruptive impact of valued employees being redeployed.
Please contact us directly to discuss any questions or additional measures you can take to effectively manage the ongoing employment issues related to this military deployment.