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N.J.A.C. 4A:6-1.11 Military leave

N.J.A.C. 4A:6-1.11, Military leave. For purposes of this section, a "permanent employee" shall mean: 1. In the career service, an employee who: i. Has achieved permanent status in accordance w Full text with 3 recorded amendments, 2 citing decisions, cited by 1 other rule.

Leaves, Hours of Work, and Employee Development · Leaves of Absence

Current through New Jersey Register, Vol. 58 No. 14, July 20, 2026. Reviewed as of July 26, 2026.

This is an annotated mirror, not the official publication. Verify against the Civil Service Commission before relying on it.

In plain language

Which force you serve in decides how many paid days you get. A member of the organized militia of New Jersey, including the National Guard, is entitled to up to 90 work days of paid leave in a calendar year for Federal active duty, and unlimited paid leave for State active duty. A member of the organized reserves of the Army, Navy, Air Force, Marine Corps or Coast Guard, or of the national guard of another state, is entitled to 30 work days paid. Neither figure covers inactive duty training such as weekend drills. An appointing authority cannot unilaterally reschedule your work time to avoid the conflict, though the two of you may agree to reschedule it. Service in time of war or emergency carries unpaid leave for the period of service plus three months after discharge, extended where you are incapacitated by wound or illness but never beyond two years from discharge, and none of it is granted on a dishonorable discharge. Seniority and salary increments keep accruing throughout.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:6-1.11. It is a description of the rule, not the rule itself, and not legal advice.

(a) For purposes of this section, a "permanent employee" shall mean: #

1. In the career service, an employee who: #

i. Has achieved permanent status in accordance with N.J.A.C. 4A:4-1.1; #

ii. Is serving a working test period and has permanent status in another title; or #

iii. Is serving a provisional appointment and has permanent status in another title. #

2. In the unclassified or senior executive service, an employee appointed for an indefinite term. #

(b) Regarding military service for members of New Jersey's Organized Militia, including the National Guard: #

1. A permanent employee or a full-time, temporary employee who has served for one year or more, who is a member of the national guard or other component of the organized militia of the State of New Jersey, shall be entitled to a leave of absence with pay not to exceed 90 work days in the aggregate in any one calendar year for any period of Federal active duty, and unlimited paid leave in the case of State active duty. Active duty shall not include inactive duty training such as weekend drills. See N.J.S.A. 38A:4-4. The Adjutant General of the New Jersey Department of Military and Veterans Affairs shall determine the definition of Federal and State active duty. See N.J.A.C. 5A:2-2.1. An appointing authority may not unilaterally reschedule an employee's work time to avoid conflict with military leave. However, an appointing authority and an employee may mutually agree to reschedule an employee's work time to accommodate the employee's military leave. #

(c) Regarding military service for reservists other than New Jersey National Guard members: #

1. A permanent employee or a full-time, temporary employee who has served for one year or more, who is a member of the organized reserves of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States or other affiliated organizations, including national guard units of other states, shall be entitled to a leave of absence with pay not in excess of 30 work days in the aggregate in a calendar year when he or she shall be engaged in any period of Federal active duty. Federal active duty shall not include inactive duty training such as weekend drills. See N.J.S.A. 38:23-1. An appointing authority may not unilaterally reschedule an employee's work time to avoid conflict with military leave. However, an appointing authority and an employee may mutually agree to reschedule an employee's work time to accommodate the employee's military leave. #

(d) Regarding service and reemployment for all members of the military in time of war or emergency: #

1. An employee in the career, senior executive or unclassified service, other than a person holding a position for a fixed term or period, who enters either Federal or State active military service in time of war or emergency, or for any period of training, or pursuant to any selective service system, shall be entitled to a leave of absence without pay for the period of such service and three months after discharge. However, if an employee is incapacitated by wound or illness at the time of discharge, such leave shall be extended until three months from recovery but in no event more than two years from date of discharge. #

2. No entitlements under this section shall be granted if the separation from military service is by a dishonorable discharge. See N.J.S.A. 38:23-4. #

3. For Federal reemployment rights, see 38 U.S.C. §§ 4301 et seq. #

4. To the extent that a member of New Jersey's organized militia, including the New Jersey National Guard, has not exhausted 90 days of paid leave in accordance with (b) above, or a reservist has not exhausted 30 days of paid leave in accordance with (c) above, the member or reservist shall be permitted paid leave in accordance with, as applicable, (b) or (c) above, and also shall be afforded the rights of military members in accordance with (d)1 through 3 above. #

(e) An employee is entitled to a leave of absence without pay for such other military duty not covered by (b), (c) or (d) above. #

1. At the discretion of the employee, vacation leave, administrative leave and other accrued compensation may be used for such absences. #

(f) During any leave of absence pursuant to (b) through (e) above, the employee shall continue to accrue seniority and salary increments, if applicable, in his or her title, and any leave of absence granted to the employee shall be in addition to other time off allowed such employee. #

(g) For military leave regulations promulgated by the New Jersey Department of Military and Veterans' Affairs, see N.J.A.C. 5A:2. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 3 recorded changes.

  1. AmendedR.2005 d.20
  2. AmendedR.2003 d.261
  3. AmendedR.1994 d.73

How this rule has been applied

2 decisions have cited N.J.A.C. 4A:6-1.11. The list below is citations to those decisions, not the decisions. We have not written summaries for this section. A citation with no summary is deliberate: we do not paraphrase a decision we have not read. Nothing here is legal advice.

New Jersey Supreme Court (1)
  • 96 N.J. 263; 475 A.2d 567
Civil Service Commission final determinations (1)
  • Abbots v. Bd. of Trustees8 N.J.A.R. 1021984

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Elsewhere in Leaves of Absence