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This entry was published on 2022-04-22
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SECTION 63
Leave of absence for veterans on Memorial day and Veterans' day
Public Officers (PBO) CHAPTER 47, ARTICLE 4
* § 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 foreman
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 three hundred fifty of the executive
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 three hundred fifty of the executive 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 three hundred fifty of the executive 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 three hundred
fifty of the executive 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
twenty-eighth day of February, nineteen hundred sixty-one 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 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 three hundred fifty of the executive 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 three hundred
fifty of the executive 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, 2023

* § 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 foreman
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 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 April 1, 2023