New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A03710 Summary:

A03710 Actions:

A03710 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:McDonald      
DATE:05/21/2024AYE/NAY:13/0  Action: Favorable refer to committee Rules        
McDonald
Aye
Durso
Aye
Glick
Aye
Goodell
Aye
Kim
Aye
Beephan
Aye
Bichotte Hermel
Aye
Slater
Aye
Hyndman
Aye
Williams
Aye
Wallace
Excused
Raga
Aye
Simone
Aye
Shimsky
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/22/2024AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Excused
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A03710 Floor Votes:

A03710 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3710
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 7, 2023
                                       ___________
 
        Introduced  by M. of A. RAJKUMAR, STERN -- read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the military law, in relation to employment  protections
          during the performance of state active duty by members of the national
          guard
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of  section  301  of  the  military  law,  as
     2  amended  by  chapter  574  of  the  laws  of 1959, is amended to read as
     3  follows:
     4    1. The term "military service" means duty by a person, male or female,
     5  in the active military service  of  the  United  States  as  defined  in
     6  section  one  of this chapter [and]; active duty in the military service
     7  of the state pursuant to an order of the  governor  issued  pursuant  to
     8  section  six  or seven of this chapter; and state active duty by members
     9  of the national guard who are activated pursuant to a call of the gover-
    10  nor of this state or of any other state as provided for by law.
    11    § 2. Section 317 of the military law, as added by chapter 728  of  the
    12  laws  of  1951,  subdivision  1 as amended by chapter 136 of the laws of
    13  1952, subdivisions 2, 2-a and 3 as amended by chapter 312 of the laws of
    14  1993, and subdivision 4 as amended by chapter 509 of the laws  of  1956,
    15  is amended to read as follows:
    16    § 317. Reemployment in private industry.  1. In the case of any person
    17  who,  in  order  to perform military service, has left or leaves a posi-
    18  tion, other than a temporary position, in the employ  of  any  employer,
    19  and who
    20    (a)  receives  a  certificate  of  completion of military service duly
    21  executed by an officer of the applicable force of the  armed  forces  of
    22  the United States or by an officer of the applicable force of the organ-
    23  ized militia of this state or of any other state as provided for by law;
    24    (b) is still qualified to perform the duties of such position; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07848-01-3
        A. 3710                             2
 
     1    (c)  makes application for reemployment within ninety days after he or
     2  she is relieved from such service, if such position was in the employ of
     3  a private employer, such employer shall  restore  such  person  to  such
     4  position, or to a position of like seniority, status and pay, unless the
     5  employer's  circumstances  have  so  changed as to make it impossible or
     6  unreasonable to do so.
     7    2. The benefits, rights and privileges granted to persons in the mili-
     8  tary service by this section shall be extended to and be  applicable  to
     9  any person who, in order to participate in assemblies for drill or other
    10  equivalent  training,  reserve  duty training, instruction or duties, or
    11  annual full-time training duty, active duty for training or other annual
    12  training pursuant to any law of the United States or  section  forty-six
    13  of  this  chapter  or  the regulations issued thereunder, or in order to
    14  attend service schools conducted by  the  armed  forces  of  the  United
    15  States, temporarily leaves or has left his or her position, other than a
    16  temporary  position, in the employ of any employer and who, being quali-
    17  fied to perform the duties of such position, makes application for reem-
    18  ployment within ten days after completion of such  temporary  period  of
    19  service.
    20    2-a.  The  benefits,  rights  and privileges granted to persons in the
    21  military service by this section shall be extended to and be  applicable
    22  to  any  person who, in order to perform initial full-time training duty
    23  or initial active duty for training with or in an  armed  force  of  the
    24  United  States  under  the provisions of this chapter or the laws of the
    25  United States or both, temporarily leaves or has left his or  her  posi-
    26  tion, other than a temporary position, in the employ of any employer and
    27  who,  being  qualified  to  perform  the  duties of such position, makes
    28  application for re-employment within sixty days after completion of such
    29  period of full-time training duty or active duty for training.
    30    3. The benefits, rights and privileges granted to persons in the mili-
    31  tary service by this section shall be extended to and be  applicable  to
    32  any  person  who is or becomes a member of the organized militia of this
    33  state or of any other state as provided for by  law,  or  of  a  reserve
    34  component  of  the armed forces of the United States and who, because of
    35  such membership is discharged by his or her employer or whose employment
    36  is suspended by his or her employer because of such membership and  who,
    37  being  qualified  to perform the duties of such position, makes applica-
    38  tion for reemployment or termination of the period of his or her suspen-
    39  sion within ten days after such discharge or suspension. These benefits,
    40  rights and privileges are not applicable  to  persons  participating  in
    41  routine  reserve  officer training corps training except when performing
    42  advanced training duty as a member of a reserve component of  the  armed
    43  forces.
    44    4.  Any  person  who  is restored to a position in accordance with the
    45  provisions of this  section  shall  be  considered  as  having  been  on
    46  furlough  or  leave  of  absence  during  his  or her period of military
    47  service, temporary service under subdivision two  or  subdivision  two-a
    48  [hereof]  of  this section, or of discharge or suspension under subdivi-
    49  sion three [hereof] of this section, shall be so restored  without  loss
    50  of  seniority,  shall  be  entitled to participate in insurance or other
    51  benefits offered by the employer pursuant to established rules and prac-
    52  tices relating to employees on furlough or leave of  absence  in  effect
    53  with  the  employer at the time such person entered the military service
    54  or commenced such temporary service or was so discharged  or  suspended,
    55  and shall not be discharged from such position without cause, within one
    56  year after such restoration.
        A. 3710                             3
 
     1    5.  In  case  any private employer fails or refuses to comply with the
     2  provisions of this section, the supreme court of the  state  within  the
     3  county  in  which  such  private employer maintains a place of business,
     4  shall have the power, upon the filing of a  motion,  petition  or  other
     5  appropriate  pleading,  by  the  person entitled to the benefits of such
     6  provisions, to specifically require such employer to  comply  with  such
     7  provisions,  and may, as an incident thereto, compensate such person for
     8  any loss of wages or benefits suffered  by  reason  of  such  employer's
     9  unlawful  action.  The  court  shall  order a speedy hearing in any such
    10  case, and shall advance it on the calendar. Any person  claiming  to  be
    11  entitled  to  the  benefits of the provisions of this section may appear
    12  and be represented by counsel, or,  upon  application  to  the  attorney
    13  general  of  the state, may request that the attorney general appear and
    14  act on his or her behalf. If the attorney general is  reasonably  satis-
    15  fied that the person so applying is entitled to such benefits, he or she
    16  shall appear and act as attorney for such person in the amicable adjust-
    17  ment  of  the  claim,  or in the filing of any motion, petition or other
    18  appropriate pleading and the prosecution thereof.  In  the  hearing  and
    19  determination  of  such applications under this section no fees or court
    20  costs shall be assessed against a person so applying for such benefits.
    21    § 3. This act shall take effect immediately.