§ 202-I — Leave of absence for military spouses

New York § 202-I

• Jurisdiction: New York
• Law LAB: Labor
• Art. 7: General Provisions

Text

§ 202-i. Leave of absence for military spouses. 1. For the purposes of\nthis section, the following terms shall have the following meanings:\n (a) "Employee" means a person who performs service for hire for an\nemployer, for an average of twenty or more hours per week, and includes\nall individuals employed at any site owned or operated by an employer\nbut shall not include an independent contractor.\n (b) "Employer" means a person or entity that employs twenty or more\nemployees at at least one site and includes an individual, corporation,\nthe state, county, town, city, school district, public authority or\nother governmental subdivision of any kind.\n (c) "Period of military conflict" means a period of war declared by\nthe United States Congress, or in which a member of a reserve component\nof the armed forces is ordered to active duty pursuant to sections 12301\nand 12302 of title 10 of the United States Code.\n 2. The spouse of a member of the armed forces of the United States,\nnational guard or reserves who has been deployed during a period of\nmilitary conflict, to a combat theater or combat zone of operations\nshall be allowed up to ten days unpaid leave by their employer. Such\nleave shall only be used when such person's spouse is on leave from the\narmed forces of the United States, national guard or reserves while\ndeployed during a period of military conflict to a combat theater or\ncombat zone of operations.\n 3. An employer shall not retaliate against an employee for requesting\nor obtaining a leave of absence as provided in this section.\n 4. The provisions of this section shall not affect or prevent an\nemployer from providing leave for military spouses in addition to leave\nallowed under any other provision of law. The provisions of this section\nshall not affect an employee's rights with respect to any other employee\nbenefit provided by law.\n