Bill Text: NY A08804 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes a leave of absence for veterans on Veterans Day, November 11th.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to labor [A08804 Detail]

Download: New_York-2019-A08804-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8804

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    November 25, 2019
                                       ___________

        Introduced by M. of A. THIELE, DiPIETRO -- 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:

     1    Section  1.  The labor law is amended by adding a new section 202-n to
     2  read as follows:
     3    § 202-n. Leave of absence for veterans. 1.  Any person may request and
     4  shall be granted a leave of absence from his or her employer on Veterans
     5  Day, November eleventh, if such person qualifies as a veteran under this
     6  section unless the employer determines that the person's  absence  would
     7  impose  an  undue  hardship on the conduct of the employer's business as
     8  defined by paragraph (d) of subdivision ten of section two hundred nine-
     9  ty-six of the executive law.
    10    2. Subdivision one of this section shall apply only when the  employer
    11  has  previously received written documentation identifying the person as
    12  a veteran on or before October fifteenth of the same year such leave  is
    13  being requested.
    14    3. The entire period of the authorized leave of absence granted pursu-
    15  ant to this section shall either be unpaid excused leave for persons who
    16  are subject to the overtime provisions of this chapter, the federal fair
    17  labor  standards  act  and  regulations  promulgated  thereunder, or may
    18  otherwise be charged against any other leave to  which  such  person  is
    19  entitled, as determined by the person.
    20    4.  Nothing  set  forth  in this section shall be construed to impede,
    21  infringe or diminish the rights and benefits which accrue  to  employees
    22  through  bona fide collective bargaining agreements, or otherwise dimin-
    23  ish the integrity of the existing collective bargaining relationship.
    24    5. For the purposes of this section, the term "veteran" shall  mean  a
    25  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.
                                                                   LBD02266-01-9
        A. 8804                             2

     1  discharged or released under honorable circumstances from such  service,
     2  who  is a citizen of the United States or an alien lawfully admitted for
     3  permanent residence in the United States and who is a  resident  of  the
     4  state of New York at the time of application for leave.
     5    6.  This  section shall not apply to any individual covered by section
     6  sixty-three of the public officers law.
     7    § 2. This act shall take effect on the first of October next  succeed-
     8  ing the date on which it shall have become a law.