S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4423
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced by M. of A. THIELE, DiPIETRO -- read once and referred to the
   Committee on Labor
 
 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04519-01-7

 A. 4423                             2
 
 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.