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Military Duty Leave for Employees in New York

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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New York employers must provide employees with leave for military duty in accordance with these state rules.

In New York, employees who leave permanent employment to perform military service are eligible for reinstatement.

Reinstatement

Any person in New York who, in order to perform military service, leaves a permanent job, must be restored to that position or to a position of like seniority, status and pay, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so.

Reinstatement depends upon the satisfactory completion of the following requirements:

  • the employee is still qualified to perform the duties of the position;
  • a certificate of completion of military service is presented; and
  • application for reemployment is made within 90 days after being relieved from service.

Job protection is also afforded to persons on temporary military duty (annual training). These employees must apply for reemployment within 10 days of completing the temporary duty.

Reemployment rights are also available to any person who leaves employment to perform initial full-time training duty or initial active duty in U.S. forces, except that application for reemployment must be made within 60 days.

Similar job protections are afforded to members of the reserves or organized militia who are discharged or suspended by employers because of membership and apply for reemployment within 10 days after discharge or suspension.

Those restored to positions are considered as having been on leave of absence during the period of military service, they must be restored without loss of seniority, and they are entitled to participate in insurance or other benefits as others on leave.

Employers cannot discharge reinstated employees without cause withing one year of reinstatement.

Prohibited Discrimination

Discrimination against persons subject to military duty is prohibited.

Family Military Leave

The spouse of a member of the Armed Forces of the United States, National Guard or Reserves who has been deployed during a period of military conflict, to a combat theater or combat zone of operations is allowed up to ten days of unpaid leave by their employer.

This leave can only be used when the person's spouse is on leave from the armed forces, guard or reserves while deployed during a period of military conflict to a combat theater or combat zone of operations.

For purposes of this leave law, an employer is a person or entity that employs 20 or more employees at a minimum of at least one site and includes individuals and corporations.

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