S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5674
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2025
                                ___________
 
 Introduced by M. of A. EACHUS -- 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 THEIR 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.
                                                            LBD05397-01-5
              

 A. 5674                             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.