Any person in New York who, in order to perform military service, leaves a job in the private sector, other than a temporary one, is eligible for military leave privileges.
Any public or private employee who performs military duty for the state or the United States, including advanced training duty as a member of a reserve component of the armed forces, is entitled to military leave.
Reinstatement. Any person in New York who, in order to perform military service, leaves a job in the private sector, other than a temporary one, 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. Restoration depends upon the satisfactory completion of the following requirements: (1) the employee is still qualified to perform the duties of the position (2) a certificate of completion of military service is presented; and (3) 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. Enforcement of these provisions is by private lawsuit, however, the attorney general may represent the employee.
Discrimination. Discrimination against persons subject to military
duty is prohibited. Employees cannot be discharged without cause for one year.