New Jersey Case Underscores Greater State Law Obligations for Military Leave
On October 29, 2026, the New Jersey Superior Court Appellate Division confirmed that the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) does not override greater protections for military leave under state law. Quick Hits The New Jersey Superior Court Appellate Division recently ruled that USERRA does not preempt the state’s more expansive protections for military leave. In this case, the Atlantic City Police Department fired a police officer after he exceeded USERRA’s five-year limit for protected military leave. The court rejected the city’s contention that New Jersey law stops protecting a servicemember after five years of leave. USERRA provides a cumulative total of up to five years of job-protected military leave with one civilian employer when servicemembers are called to duty. USERRA supersedes any local law, state law, or employment contract that would reduce the time or benefits provided under USERRA, and its regulations specify that it establishes a floor, not a ceiling, for the rights of those it protects. A recent New Jersey case highlights the importance of USERRA’s deference to more expansive state law protections for servicemembers. New Jersey’s military leave laws are more expansive than USERRA and require that employees of state entities who are
