Senate Bill S3490

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3490
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 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:
   § 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
 THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE  DIMIN-
 ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05811-01-1
              

 S. 3490                             2
 
   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.
   §  2. This act shall take effect on the first of October next succeed-
 ing the date on which it shall have become a law.