S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9357
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the military law, in relation to employment  protections
   during the performance of state active duty by members of the national
   guard
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of  section  301  of  the  military  law,  as
 amended  by  chapter  574  of  the  laws  of 1959, is amended to read as
 follows:
   1. The term "military service" means duty by a person, male or female,
 in the active military service  of  the  United  States  as  defined  in
 section  one  of this chapter [and]; active duty in the military service
 of the state pursuant to an order of the  governor  issued  pursuant  to
 section  six  or seven of this chapter; AND STATE ACTIVE DUTY BY MEMBERS
 OF THE NATIONAL GUARD WHO ARE ACTIVATED PURSUANT TO A CALL OF THE GOVER-
 NOR OF THIS STATE OR OF ANY OTHER STATE AS PROVIDED FOR BY LAW.
   § 2. Section 317 of the military law, as added by chapter 728  of  the
 laws  of  1951,  subdivision  1 as amended by chapter 136 of the laws of
 1952, subdivisions 2, 2-a and 3 as amended by chapter 312 of the laws of
 1993, and subdivision 4 as amended by chapter 509 of the laws  of  1956,
 is amended to read as follows:
   § 317. Reemployment in private industry.  1. In the case of any person
 who,  in  order  to perform military service, has left or leaves a posi-
 tion, other than a temporary position, in the employ  of  any  employer,
 and who
   (a)  receives  a  certificate  of  completion of military service duly
 executed by an officer of the applicable force of the  armed  forces  of
 the United States or by an officer of the applicable force of the organ-
 ized militia OF THIS STATE OR OF ANY OTHER STATE AS PROVIDED FOR BY LAW;
   (b) is still qualified to perform the duties of such position; and
   (c)  makes application for reemployment within ninety days after he OR
 SHE is relieved from such service, if such position was in the employ of
 a private employer, such employer shall  restore  such  person  to  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10360-01-1
 A. 9357                             2
 
 position, or to a position of like seniority, status and pay, unless the
 employer's  circumstances  have  so  changed as to make it impossible or
 unreasonable to do so.
   2. The benefits, rights and privileges granted to persons in the mili-
 tary  service  by this section shall be extended to and be applicable to
 any person who, in order to participate in assemblies for drill or other
 equivalent training, reserve duty training, instruction  or  duties,  or
 annual full-time training duty, active duty for training or other annual
 training  pursuant  to any law of the United States or section forty-six
 of this chapter or the regulations issued thereunder,  or  in  order  to
 attend  service  schools  conducted  by  the  armed forces of the United
 States, temporarily leaves or has left his OR HER position, other than a
 temporary position, in the employ of any employer and who, being  quali-
 fied to perform the duties of such position, makes application for reem-
 ployment  within  ten  days after completion of such temporary period of
 service.
   2-a. The benefits, rights and privileges granted  to  persons  in  the
 military  service by this section shall be extended to and be applicable
 to any person who, in order to perform initial full-time  training  duty
 or  initial  active  duty  for training with or in an armed force of the
 United States under the provisions of this chapter or the  laws  of  the
 United  States  or both, temporarily leaves or has left his OR HER posi-
 tion, other than a temporary position, in the employ of any employer and
 who, being qualified to perform  the  duties  of  such  position,  makes
 application for re-employment within sixty days after completion of such
 period of full-time training duty or active duty for training.
   3. The benefits, rights and privileges granted to persons in the mili-
 tary  service  by this section shall be extended to and be applicable to
 any person who is or becomes a member of the organized militia  OF  THIS
 STATE  OR  OF  ANY  OTHER  STATE AS PROVIDED FOR BY LAW, or of a reserve
 component of the armed forces of the United States and who,  because  of
 such membership is discharged by his OR HER employer or whose employment
 is  suspended by his OR HER employer because of such membership and who,
 being qualified to perform the duties of such position,  makes  applica-
 tion for reemployment or termination of the period of his OR HER suspen-
 sion within ten days after such discharge or suspension. These benefits,
 rights  and  privileges  are  not applicable to persons participating in
 routine reserve officer training corps training except  when  performing
 advanced  training  duty as a member of a reserve component of the armed
 forces.
   4. Any person who is restored to a position  in  accordance  with  the
 provisions  of  this  section  shall  be  considered  as  having been on
 furlough or leave of absence  during  his  OR  HER  period  of  military
 service,  temporary  service  under subdivision two or subdivision two-a
 [hereof] OF THIS SECTION, or of discharge or suspension  under  subdivi-
 sion  three  [hereof] OF THIS SECTION, shall be so restored without loss
 of seniority, shall be entitled to participate  in  insurance  or  other
 benefits offered by the employer pursuant to established rules and prac-
 tices  relating  to  employees on furlough or leave of absence in effect
 with the employer at the time such person entered the  military  service
 or  commenced  such temporary service or was so discharged or suspended,
 and shall not be discharged from such position without cause, within one
 year after such restoration.
   5. In case any private employer fails or refuses to  comply  with  the
 provisions  of  this  section, the supreme court of the state within the
 county in which such private employer maintains  a  place  of  business,
 A. 9357                             3
 
 shall  have  the  power,  upon the filing of a motion, petition or other
 appropriate pleading, by the person entitled to  the  benefits  of  such
 provisions,  to  specifically  require such employer to comply with such
 provisions,  and may, as an incident thereto, compensate such person for
 any loss of wages or benefits suffered  by  reason  of  such  employer's
 unlawful  action.  The  court  shall  order a speedy hearing in any such
 case, and shall advance it on the calendar. Any person  claiming  to  be
 entitled  to  the  benefits of the provisions of this section may appear
 and be represented by counsel, or,  upon  application  to  the  attorney
 general  of  the state, may request that the attorney general appear and
 act on his OR HER behalf. If the attorney general is  reasonably  satis-
 fied that the person so applying is entitled to such benefits, he OR SHE
 shall appear and act as attorney for such person in the amicable adjust-
 ment  of  the  claim,  or in the filing of any motion, petition or other
 appropriate pleading and the prosecution thereof.  In  the  hearing  and
 determination  of  such applications under this section no fees or court
 costs shall be assessed against a person so applying for such benefits.
   § 3. This act shall take effect immediately.