S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6324--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

Introduced by M. of A. THIELE, DiPIETRO -- read once and referred to the
  Committee on Labor -- recommitted to the Committee on Labor in accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the labor law, in relation to establishing a leave of
  absence for veterans

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The labor law is amended by adding a new section 202-n to
read as follows:
  S 202-N. LEAVE OF ABSENCE FOR VETERANS. 1.  ANY PERSON MAY REQUEST AND
SHALL BE GRANTED A LEAVE OF ABSENCE FROM HIS OR HER EMPLOYER ON VETERANS
DAY, NOVEMBER ELEVENTH, IF SUCH PERSON QUALIFIES AS A VETERAN UNDER THIS
SECTION UNLESS THE EMPLOYER DETERMINES THAT THE PERSON'S  ABSENCE  WOULD
IMPOSE  AN  UNDUE  HARDSHIP ON THE CONDUCT OF THE EMPLOYER'S BUSINESS AS
DEFINED BY PARAGRAPH (D) OF SUBDIVISION TEN OF SECTION TWO HUNDRED NINE-
TY-SIX OF THE EXECUTIVE LAW.
  2. SUBDIVISION ONE OF THIS SECTION SHALL APPLY ONLY WHEN THE  EMPLOYER
HAS  PREVIOUSLY RECEIVED WRITTEN DOCUMENTATION IDENTIFYING THE PERSON AS
A VETERAN ON OR BEFORE OCTOBER FIFTEENTH OF THE SAME YEAR SUCH LEAVE  IS
BEING REQUESTED.
  3. THE ENTIRE PERIOD OF THE AUTHORIZED LEAVE OF ABSENCE GRANTED PURSU-
ANT TO THIS SECTION SHALL EITHER BE UNPAID EXCUSED LEAVE FOR PERSONS WHO
ARE SUBJECT TO THE OVERTIME PROVISIONS OF THIS CHAPTER, THE FEDERAL FAIR
LABOR  STANDARDS  ACT  AND  REGULATIONS  PROMULGATED  THEREUNDER, OR MAY
OTHERWISE BE CHARGED AGAINST ANY OTHER LEAVE TO  WHICH  SUCH  PERSON  IS
ENTITLED, AS DETERMINED BY THE PERSON.
  4.  NOTHING  SET  FORTH  IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE  TO  EMPLOYEES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09039-03-6

              

A. 6324--A                          2

THROUGH  BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMIN-
ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  5.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "VETERAN" SHALL MEAN A
MEMBER OF THE ARMED FORCES  OF  THE  UNITED  STATES  WHO  WAS  HONORABLY
DISCHARGED  OR RELEASED UNDER HONORABLE CIRCUMSTANCES FROM SUCH SERVICE,
WHO IS A CITIZEN OF THE UNITED STATES OR AN ALIEN LAWFULLY ADMITTED  FOR
PERMANENT  RESIDENCE  IN  THE UNITED STATES AND WHO IS A RESIDENT OF THE
STATE OF NEW YORK AT THE TIME OF APPLICATION FOR LEAVE.
  6. THIS SECTION SHALL NOT APPLY TO ANY INDIVIDUAL COVERED  BY  SECTION
SIXTY-THREE OF THE PUBLIC OFFICERS LAW.
  S  2. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law.