§ 317 — Reemployment in private industry

New York § 317

• Jurisdiction: New York
• Law MIL: Military
• Art. 13: New York State Soldiers' and Sailors' Civil Relief Act

Text

§ 317. Reemployment in private industry. 1. In the case of any person\nwho, in order to perform military service, has left or leaves a\nposition, other than a temporary position, in the employ of any\nemployer, and who\n (a) receives a certificate of completion of military service duly\nexecuted by an officer of the applicable force of the armed forces of\nthe United States or by an officer of the applicable force of the\norganized militia of this state or of any other state as provided for by\nlaw;\n (b) is still qualified to perform the duties of such position; and\n (c) makes application for reemployment within ninety days after he or\nshe is relieved from such service, if such position was in the employ of\na private employer, such employer shall restore such person to such\nposition, or to a position of like seniority, status and pay, unless the\nemployer's circumstances have so changed as to make it impossible or\nunreasonable to do so.\n 2. The benefits, rights and privileges granted to persons in the\nmilitary service by this section shall be extended to and be applicable\nto any person who, in order to participate in assemblies for drill or\nother equivalent training, reserve duty training, instruction or duties,\nor annual full-time training duty, active duty for training or other\nannual training pursuant to any law of the United States or section\nforty-six of this chapter or the regulations issued thereunder, or in\norder to attend service schools conducted by the armed forces of the\nUnited States, temporarily leaves or has left his or her position, other\nthan a temporary position, in the employ of any employer and who, being\nqualified to perform the duties of such position, makes application for\nreemployment within ten days after completion of such temporary period\nof service.\n 2-a. The benefits, rights and privileges granted to persons in the\nmilitary service by this section shall be extended to and be applicable\nto any person who, in order to perform initial full-time training duty\nor initial active duty for training with or in an armed force of the\nUnited States under the provisions of this chapter or the laws of the\nUnited States or both, temporarily leaves or has left his or her\nposition, other than a temporary position, in the employ of any employer\nand who, being qualified to perform the duties of such position, makes\napplication for re-employment within sixty days after completion of such\nperiod of full-time training duty or active duty for training.\n 3. The benefits, rights and privileges granted to persons in the\nmilitary service by this section shall be extended to and be applicable\nto any person who is or becomes a member of the organized militia of\nthis state or of any other state as provided for by law, or of a reserve\ncomponent of the armed forces of the United States and who, because of\nsuch membership is discharged by his or her employer or whose employment\nis suspended by his or her employer because of such membership and who,\nbeing qualified to perform the duties of such position, makes\napplication for reemployment or termination of the period of his or her\nsuspension within ten days after such discharge or suspension. These\nbenefits, rights and privileges are not applicable to persons\nparticipating in routine reserve officer training corps training except\nwhen performing advanced training duty as a member of a reserve\ncomponent of the armed forces.\n 4. Any person who is restored to a position in accordance with the\nprovisions of this section shall be considered as having been on\nfurlough or leave of absence during his or her period of military\nservice, temporary service under subdivision two or subdivision two-a of\nthis section, or of discharge or suspension under subdivision three of\nthis section, shall be so restored without loss of seniority, shall be\nentitled to participate in insurance or other benefits offered by the\nemployer pursuant to established rules and practices relating to\nemployees on furlough or leave of absence in effect with the employer at\nthe time such person entered the military service or commenced such\ntemporary service or was so discharged or suspended, and shall not be\ndischarged from such position without cause, within one year after such\nrestoration.\n 5. In case any private employer fails or refuses to comply with the\nprovisions of this section, the supreme court of the state within the\ncounty in which such private employer maintains a place of business,\nshall have the power, upon the filing of a motion, petition or other\nappropriate pleading, by the person entitled to the benefits of such\nprovisions, to specifically require such employer to comply with such\nprovisions, and may, as an incident thereto, compensate such person for\nany loss of wages or benefits suffered by reason of such employer's\nunlawful action. The court shall order a speedy hearing in any such\ncase, and shall advance it on the calendar. Any person claiming to be\nentitled to the benefits of the provisions of this section may appear\nand be represented by counsel, or, upon application to the attorney\ngeneral of the state, may request that the attorney general appear and\nact on his or her behalf. If the attorney general is reasonably\nsatisfied that the person so applying is entitled to such benefits, he\nor she shall appear and act as attorney for such person in the amicable\nadjustment of the claim, or in the filing of any motion, petition or\nother appropriate pleading and the prosecution thereof. In the hearing\nand determination of such applications under this section no fees or\ncourt costs shall be assessed against a person so applying for such\nbenefits.\n