§ 63 — Leave of absence for veterans on Memorial day and Veterans' day

New York § 63

• Jurisdiction: New York
• Law PBO: Public Officers
• Art. 4: Powers and Duties of Public Officers

Text

* § 63. Leave of absence for veterans on Memorial day and Veterans'\nday. It shall be the duty of the head of every public department and of\nevery court of the state of New York, of every superintendent or\nforeperson on the public works of said state, of the county officers of\nthe several counties of said state, of the town officers of the various\ntowns in this state, of the fire district officers of the various fire\ndistricts in this state, and of the head of every department, bureau and\noffice in the government of the various cities and villages in this\nstate, and the officers of any public benefit corporation or any public\nauthority of this state, or of any public benefit corporation or public\nauthority of any county or subdivision of this state, to give leave of\nabsence with pay for twenty-four hours on the day prescribed by law as a\npublic holiday for the observance of Memorial day and on the eleventh\nday of November, known as Veterans' day, to every person in the service\nof the state, the county, the town, the fire district, the city or\nvillage, the public benefit corporation or public authority of this\nstate, or any public benefit corporation or public authority of any\ncounty or subdivision of this state, as the case may be, (i) who served\non active duty in the armed forces of the United States during world war\nI or world war II, or who was employed by the War Shipping\nAdministration or Office of Defense Transportation or their agents as a\nmerchant seaman documented by the United States Coast Guard or\nDepartment of Commerce, or as a civil servant employed by the United\nStates Army Transport Service (later redesignated as the United States\nArmy Transportation Corps, Water Division) or the Naval Transportation\nService; and who served satisfactorily as a crew member during the\nperiod of armed conflict, December seventh, nineteen hundred forty-one,\nto August fifteenth, nineteen hundred forty-five, aboard merchant\nvessels in oceangoing, i.e., foreign, intercoastal, or coastwise service\nas such terms are defined under federal law (46 USCA 10301 & 10501) and\nfurther to include "near foreign" voyages between the United States and\nCanada, Mexico, or the West Indies via ocean routes, or public vessels\nin oceangoing service or foreign waters and who has received a\nCertificate of Release or Discharge from Active Duty and a discharge\ncertificate, or an Honorable Service Certificate/Report of Casualty,\nfrom the Department of Defense, or who served as a United States\ncivilian employed by the American Field Service and served overseas\nunder United States Armies and United States Army Groups in world war II\nduring the period of armed conflict, December seventh, nineteen hundred\nforty-one through May eighth, nineteen hundred forty-five, and who (a)\nwas discharged or released therefrom under honorable conditions, or (b)\nhas a qualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or (c) is a discharged LGBT veteran, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable from such service or\nwho served as a United States civilian Flight Crew and Aviation Ground\nSupport Employee of Pan American World Airways or one of its\nsubsidiaries or its affiliates and served overseas as a result of Pan\nAmerican's contract with Air Transport Command or Naval Air Transport\nService during the period of armed conflict, December fourteenth,\nnineteen hundred forty-one through August fourteenth, nineteen hundred\nforty-five, and who (d) was discharged or released therefrom under\nhonorable conditions, or (e) has a qualifying condition, as defined in\nsection one of the veterans' services law, and has received a discharge\nother than bad conduct or dishonorable from such service, or (f) is a\ndischarged LGBT veteran, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service or during the period of the Korean\nconflict at any time between the dates of June twenty-seventh, nineteen\nhundred fifty and January thirty-first, nineteen hundred fifty-five, or\nduring the period of the Vietnam conflict from the first day of\nNovember, nineteen hundred fifty-five to the seventh day of May,\nnineteen hundred seventy-five, or (ii) who served on active duty in the\narmed forces of the United States and who was a recipient of the armed\nforces expeditionary medal, navy expeditionary medal or marine corps\nexpeditionary medal for participation in operations in Lebanon from June\nfirst, nineteen hundred eighty-three to December first, nineteen hundred\neighty-seven, in Grenada from October twenty-third, nineteen hundred\neighty-three to November twenty-first, nineteen hundred eighty-three, or\nin Panama from December twentieth, nineteen hundred eighty-nine to\nJanuary thirty-first, nineteen hundred ninety, or (iii) who served in\nthe armed forces of a foreign country allied with the United States\nduring world war I or world war II, or during the period of the Korean\nconflict at any time between June twenty-seventh, nineteen hundred fifty\nand January thirty-first, nineteen hundred fifty-five, or during the\nperiod of the Vietnam conflict from the first day of November, nineteen\nhundred fifty-five to the seventh day of May, nineteen hundred\nseventy-five, or during the period of the Persian Gulf conflict from the\nsecond day of August, nineteen hundred ninety to the end of such\nconflict, or who served on active duty in the army or navy or marine\ncorps or air force or space force or coast guard of the United States,\nand who (a) was honorably discharged or separated from such service\nunder honorable conditions, or (b) has a qualifying condition, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable from such service, or\n(c) is a discharged LGBT veteran, as defined in section one of the\nveterans' services law, and has received a discharge other than bad\nconduct or dishonorable from such service except where such action would\nendanger the public safety or the safety or health of persons cared for\nby the state, in which event such persons shall be entitled to leave of\nabsence with pay on another day in lieu thereof. All such persons who\nare compensated on a per diem, hourly, semi-monthly or monthly basis,\nwith or without maintenance, shall also be entitled to leave of absence\nwith pay under the provisions of this section and no deduction in\nvacation allowance or budgetary allowable number of working days shall\nbe made in lieu thereof. A refusal to give such leave of absence to one\nentitled thereto shall be neglect of duty.\n * NB Effective until April 1, 2026\n * § 63. Leave of absence for veterans on Memorial day and Veterans'\nday. It shall be the duty of the head of every public department and of\nevery court of the state of New York, of every superintendent or\nforeperson on the public works of said state, of the county officers of\nthe several counties of said state, of the town officers of the various\ntowns in this state, of the fire district officers of the various fire\ndistricts in this state, and of the head of every department, bureau and\noffice in the government of the various cities and villages in this\nstate, and the officers of any public benefit corporation or any public\nauthority of this state, or of any public benefit corporation or public\nauthority of any county or subdivision of this state, to give leave of\nabsence with pay for twenty-four hours on the day prescribed by law as a\npublic holiday for the observance of Memorial day and on the eleventh\nday of November, known as Veterans' day, to every person in the service\nof the state, the county, the town, the fire district, the city or\nvillage, the public benefit corporation or public authority of this\nstate, or any public benefit corporation or public authority of any\ncounty or subdivision of this state, as the case may be, (i) who served\non active duty in the armed forces of the United States during world war\nI or world war II, or who was employed by the War Shipping\nAdministration or Office of Defense Transportation or their agents as a\nmerchant seaman documented by the United States Coast Guard or\nDepartment of Commerce, or as a civil servant employed by the United\nStates Army Transport Service (later redesignated as the United States\nArmy Transportation Corps, Water Division) or the Naval Transportation\nService; and who served satisfactorily as a crew member during the\nperiod of armed conflict, December seventh, nineteen hundred forty-one,\nto August fifteenth, nineteen hundred forty-five, aboard merchant\nvessels in oceangoing, i.e., foreign, intercoastal, or coastwise service\nas such terms are defined under federal law (46 USCA 10301 & 10501) and\nfurther to include "near foreign" voyages between the United States and\nCanada, Mexico, or the West Indies via ocean routes, or public vessels\nin oceangoing service or foreign waters and who has received a\nCertificate of Release or Discharge from Active Duty and a discharge\ncertificate, or an Honorable Service Certificate/Report of Casualty,\nfrom the Department of Defense, or who served as a United States\ncivilian employed by the American Field Service and served overseas\nunder United States Armies and United States Army Groups in world war II\nduring the period of armed conflict, December seventh, nineteen hundred\nforty-one through May eighth, nineteen hundred forty-five, and who (a)\nwas discharged or released therefrom under honorable conditions, or (b)\nhas a qualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or (c) is a discharged LGBT veteran, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable from such service or\nwho served as a United States civilian Flight Crew and Aviation Ground\nSupport Employee of Pan American World Airways or one of its\nsubsidiaries or its affiliates and served overseas as a result of Pan\nAmerican's contract with Air Transport Command or Naval Air Transport\nService during the period of armed conflict, December fourteenth,\nnineteen hundred forty-one through August fourteenth, nineteen hundred\nforty-five, and who (d) was discharged or released therefrom under\nhonorable conditions, or (e) has a qualifying condition, as defined in\nsection one of the veterans' services law, and has received a discharge\nother than bad conduct or dishonorable from such service, or (f) is a\ndischarged LGBT veteran, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service or during the period of the Korean\nconflict at any time between the dates of June twenty-seventh, nineteen\nhundred fifty and January thirty-first, nineteen hundred fifty-five, or\nduring the period of the Vietnam conflict from the first day of\nNovember, nineteen hundred fifty-five to the seventh day of May,\nnineteen hundred seventy-five, or (ii) who served on active duty in the\narmed forces of the United States and who was a recipient of the armed\nforces expeditionary medal, navy expeditionary medal or marine corps\nexpeditionary medal for participation in operations in Lebanon from June\nfirst, nineteen hundred eighty-three to December first, nineteen hundred\neighty-seven, in Grenada from October twenty-third, nineteen hundred\neighty-three to November twenty-first, nineteen hundred eighty-three, or\nin Panama from December twentieth, nineteen hundred eighty-nine to\nJanuary thirty-first, nineteen hundred ninety, or (iii) who served in\nthe armed forces of a foreign country allied with the United States\nduring world war I or world war II, or during the period of the Korean\nconflict at any time between June twenty-seventh, nineteen hundred fifty\nand January thirty-first, nineteen hundred fifty-five, or during the\nperiod of the Vietnam conflict from the first day of November, nineteen\nhundred fifty-five to the seventh day of May, nineteen hundred\nseventy-five, or during the period of the Persian Gulf conflict from the\nsecond day of August, nineteen hundred ninety to the end of such\nconflict, or (iv) who served on active duty in the army or navy or\nmarine corps or air force or space force or coast guard or the\ncommissioned corps of the national oceanic and atmospheric\nadministration or the commissioned corps of the public health service of\nthe United States, and who (a) was honorably discharged or separated\nfrom such service under honorable conditions, or (b) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (c) is a discharged LGBT veteran, as defined in section\none of the veterans' services law, and has received a discharge other\nthan bad conduct or dishonorable from such service except where such\naction would endanger the public safety or the safety or health of\npersons cared for by the state, in which event such persons shall be\nentitled to leave of absence with pay on another day in lieu thereof.\nAll such persons who are compensated on a per diem, hourly, semi-monthly\nor monthly basis, with or without maintenance, shall also be entitled to\nleave of absence with pay under the provisions of this section and no\ndeduction in vacation allowance or budgetary allowable number of working\ndays shall be made in lieu thereof. A refusal to give such leave of\nabsence to one entitled thereto shall be neglect of duty.\n * NB Effective April 1, 2026\n