Legislation

* § 63. Leave of absence for veterans on Memorial day and Veterans'
day. It shall be the duty of the head of every public department and of
every court of the state of New York, of every superintendent or
foreperson on the public works of said state, of the county officers of
the several counties of said state, of the town officers of the various
towns in this state, of the fire district officers of the various fire
districts in this state, and of the head of every department, bureau and
office in the government of the various cities and villages in this
state, and the officers of any public benefit corporation or any public
authority of this state, or of any public benefit corporation or public
authority of any county or subdivision of this state, to give leave of
absence with pay for twenty-four hours on the day prescribed by law as a
public holiday for the observance of Memorial day and on the eleventh
day of November, known as Veterans' day, to every person in the service
of the state, the county, the town, the fire district, the city or
village, the public benefit corporation or public authority of this
state, or any public benefit corporation or public authority of any
county or subdivision of this state, as the case may be, (i) who served
on active duty in the armed forces of the United States during world war
I or world war II, or who was employed by the War Shipping
Administration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or
Department of Commerce, or as a civil servant employed by the United
States Army Transport Service (later redesignated as the United States
Army Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the
period of armed conflict, December seventh, nineteen hundred forty-one,
to August fifteenth, nineteen hundred forty-five, aboard merchant
vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
as such terms are defined under federal law (46 USCA 10301 & 10501) and
further to include "near foreign" voyages between the United States and
Canada, Mexico, or the West Indies via ocean routes, or public vessels
in oceangoing service or foreign waters and who has received a
Certificate of Release or Discharge from Active Duty and a discharge
certificate, or an Honorable Service Certificate/Report of Casualty,
from the Department of Defense, or who served as a United States
civilian employed by the American Field Service and served overseas
under United States Armies and United States Army Groups in world war II
during the period of armed conflict, December seventh, nineteen hundred
forty-one through May eighth, nineteen hundred forty-five, and who (a)
was discharged or released therefrom under honorable conditions, or (b)
has a qualifying condition, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service, or (c) is a discharged LGBT veteran, as
defined in section one of the veterans' services law, and has received a
discharge other than bad conduct or dishonorable from such service or
who served as a United States civilian Flight Crew and Aviation Ground
Support Employee of Pan American World Airways or one of its
subsidiaries or its affiliates and served overseas as a result of Pan
American's contract with Air Transport Command or Naval Air Transport
Service during the period of armed conflict, December fourteenth,
nineteen hundred forty-one through August fourteenth, nineteen hundred
forty-five, and who (d) was discharged or released therefrom under
honorable conditions, or (e) has a qualifying condition, as defined in
section one of the veterans' services law, and has received a discharge
other than bad conduct or dishonorable from such service, or (f) is a
discharged LGBT veteran, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service or during the period of the Korean
conflict at any time between the dates of June twenty-seventh, nineteen
hundred fifty and January thirty-first, nineteen hundred fifty-five, or
during the period of the Vietnam conflict from the first day of
November, nineteen hundred fifty-five to the seventh day of May,
nineteen hundred seventy-five, or (ii) who served on active duty in the
armed forces of the United States and who was a recipient of the armed
forces expeditionary medal, navy expeditionary medal or marine corps
expeditionary medal for participation in operations in Lebanon from June
first, nineteen hundred eighty-three to December first, nineteen hundred
eighty-seven, in Grenada from October twenty-third, nineteen hundred
eighty-three to November twenty-first, nineteen hundred eighty-three, or
in Panama from December twentieth, nineteen hundred eighty-nine to
January thirty-first, nineteen hundred ninety, or (iii) who served in
the armed forces of a foreign country allied with the United States
during world war I or world war II, or during the period of the Korean
conflict at any time between June twenty-seventh, nineteen hundred fifty
and January thirty-first, nineteen hundred fifty-five, or during the
period of the Vietnam conflict from the first day of November, nineteen
hundred fifty-five to the seventh day of May, nineteen hundred
seventy-five, or during the period of the Persian Gulf conflict from the
second day of August, nineteen hundred ninety to the end of such
conflict, or who served on active duty in the army or navy or marine
corps or air force or space force or coast guard of the United States,
and who (a) was honorably discharged or separated from such service
under honorable conditions, or (b) has a qualifying condition, as
defined in section one of the veterans' services law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(c) is a discharged LGBT veteran, as defined in section one of the
veterans' services law, and has received a discharge other than bad
conduct or dishonorable from such service except where such action would
endanger the public safety or the safety or health of persons cared for
by the state, in which event such persons shall be entitled to leave of
absence with pay on another day in lieu thereof. All such persons who
are compensated on a per diem, hourly, semi-monthly or monthly basis,
with or without maintenance, shall also be entitled to leave of absence
with pay under the provisions of this section and no deduction in
vacation allowance or budgetary allowable number of working days shall
be made in lieu thereof. A refusal to give such leave of absence to one
entitled thereto shall be neglect of duty.

* NB Effective until April 1, 2026

* § 63. Leave of absence for veterans on Memorial day and Veterans'
day. It shall be the duty of the head of every public department and of
every court of the state of New York, of every superintendent or
foreperson on the public works of said state, of the county officers of
the several counties of said state, of the town officers of the various
towns in this state, of the fire district officers of the various fire
districts in this state, and of the head of every department, bureau and
office in the government of the various cities and villages in this
state, and the officers of any public benefit corporation or any public
authority of this state, or of any public benefit corporation or public
authority of any county or subdivision of this state, to give leave of
absence with pay for twenty-four hours on the day prescribed by law as a
public holiday for the observance of Memorial day and on the eleventh
day of November, known as Veterans' day, to every person in the service
of the state, the county, the town, the fire district, the city or
village, the public benefit corporation or public authority of this
state, or any public benefit corporation or public authority of any
county or subdivision of this state, as the case may be, (i) who served
on active duty in the armed forces of the United States during world war
I or world war II, or who was employed by the War Shipping
Administration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or
Department of Commerce, or as a civil servant employed by the United
States Army Transport Service (later redesignated as the United States
Army Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the
period of armed conflict, December seventh, nineteen hundred forty-one,
to August fifteenth, nineteen hundred forty-five, aboard merchant
vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
as such terms are defined under federal law (46 USCA 10301 & 10501) and
further to include "near foreign" voyages between the United States and
Canada, Mexico, or the West Indies via ocean routes, or public vessels
in oceangoing service or foreign waters and who has received a
Certificate of Release or Discharge from Active Duty and a discharge
certificate, or an Honorable Service Certificate/Report of Casualty,
from the Department of Defense, or who served as a United States
civilian employed by the American Field Service and served overseas
under United States Armies and United States Army Groups in world war II
during the period of armed conflict, December seventh, nineteen hundred
forty-one through May eighth, nineteen hundred forty-five, and who (a)
was discharged or released therefrom under honorable conditions, or (b)
has a qualifying condition, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service, or (c) is a discharged LGBT veteran, as
defined in section one of the veterans' services law, and has received a
discharge other than bad conduct or dishonorable from such service or
who served as a United States civilian Flight Crew and Aviation Ground
Support Employee of Pan American World Airways or one of its
subsidiaries or its affiliates and served overseas as a result of Pan
American's contract with Air Transport Command or Naval Air Transport
Service during the period of armed conflict, December fourteenth,
nineteen hundred forty-one through August fourteenth, nineteen hundred
forty-five, and who (d) was discharged or released therefrom under
honorable conditions, or (e) has a qualifying condition, as defined in
section one of the veterans' services law, and has received a discharge
other than bad conduct or dishonorable from such service, or (f) is a
discharged LGBT veteran, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service or during the period of the Korean
conflict at any time between the dates of June twenty-seventh, nineteen
hundred fifty and January thirty-first, nineteen hundred fifty-five, or
during the period of the Vietnam conflict from the first day of
November, nineteen hundred fifty-five to the seventh day of May,
nineteen hundred seventy-five, or (ii) who served on active duty in the
armed forces of the United States and who was a recipient of the armed
forces expeditionary medal, navy expeditionary medal or marine corps
expeditionary medal for participation in operations in Lebanon from June
first, nineteen hundred eighty-three to December first, nineteen hundred
eighty-seven, in Grenada from October twenty-third, nineteen hundred
eighty-three to November twenty-first, nineteen hundred eighty-three, or
in Panama from December twentieth, nineteen hundred eighty-nine to
January thirty-first, nineteen hundred ninety, or (iii) who served in
the armed forces of a foreign country allied with the United States
during world war I or world war II, or during the period of the Korean
conflict at any time between June twenty-seventh, nineteen hundred fifty
and January thirty-first, nineteen hundred fifty-five, or during the
period of the Vietnam conflict from the first day of November, nineteen
hundred fifty-five to the seventh day of May, nineteen hundred
seventy-five, or during the period of the Persian Gulf conflict from the
second day of August, nineteen hundred ninety to the end of such
conflict, or (iv) who served on active duty in the army or navy or
marine corps or air force or space force or coast guard or the
commissioned corps of the national oceanic and atmospheric
administration or the commissioned corps of the public health service of
the United States, and who (a) was honorably discharged or separated
from such service under honorable conditions, or (b) has a qualifying
condition, as defined in section one of the veterans' services law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (c) is a discharged LGBT veteran, as defined in section
one of the veterans' services law, and has received a discharge other
than bad conduct or dishonorable from such service except where such
action would endanger the public safety or the safety or health of
persons cared for by the state, in which event such persons shall be
entitled to leave of absence with pay on another day in lieu thereof.
All such persons who are compensated on a per diem, hourly, semi-monthly
or monthly basis, with or without maintenance, shall also be entitled to
leave of absence with pay under the provisions of this section and no
deduction in vacation allowance or budgetary allowable number of working
days shall be made in lieu thereof. A refusal to give such leave of
absence to one entitled thereto shall be neglect of duty.

* NB Effective April 1, 2026