N.Y. Labor Law Section 202-I
Leave of absence for military spouses


1.

For the purposes of this section, the following terms shall have the following meanings:

(a)

“Employee” means a person who performs service for hire for an employer, for an average of twenty or more hours per week, and includes all individuals employed at any site owned or operated by an employer but shall not include an independent contractor.

(b)

“Employer” means a person or entity that employs twenty or more employees at at least one site and includes an individual, corporation, the state, county, town, city, school district, public authority or other governmental subdivision of any kind.

(c)

“Period of military conflict” means a period of war declared by the United States Congress, or in which a member of a reserve component of the armed forces is ordered to active duty pursuant to sections 12301 and 12302 of title 10 of the United States Code.

2.

The spouse of a member of the armed forces of the United States, national guard or reserves who has been deployed during a period of military conflict, to a combat theater or combat zone of operations shall be allowed up to ten days unpaid leave by their employer. Such leave shall only be used when such person’s spouse is on leave from the armed forces of the United States, national guard or reserves while deployed during a period of military conflict to a combat theater or combat zone of operations.

3.

An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided in this section.

4.

The provisions of this section shall not affect or prevent an employer from providing leave for military spouses in addition to leave allowed under any other provision of law. The provisions of this section shall not affect an employee’s rights with respect to any other employee benefit provided by law.

Source: Section 202-I — Leave of absence for military spouses, https://www.­nysenate.­gov/legislation/laws/LAB/202-I (updated Sep. 22, 2014; accessed Mar. 23, 2024).

200
General duty to protect health and safety of employees
200–A
Laws to be posted at airports
201
Laws and orders to be posted
201–A
Fingerprinting of employees prohibited
201–B
Fees for medical examination
201–C
Discrimination in child-care leave prohibited
201–D
Discrimination against the engagement in certain activities
201–E
Maintenance of employee-patient records at occupational health service centers
201–F
Posting regulations on employment of persons previously convicted of one or more crimes
201–G
Prevention of sexual harassment
201–H
Posting of veterans’ benefits and services
201–I
Request for access to personal accounts prohibited
202
Protection of the public and of persons engaged at window cleaning and cleaning of exterior surfaces of buildings
202–A
Leave of absence for bone marrow donations
202–B
Leave for organ or bone marrow donation granted to state employees
202–C
Prevention of personal injuries in the use of ski tows, other passenger tramways and downhill ski areas
202–D
Coin-operated machines performing a manufacturing process
202–E
Protection of persons employed on/in vehicular bridges and/or tunnels
202–F
Protection of hotel and motel employees against fire hazards in employee housing facilities
202–G
Display of fuel-connected appliances in wholesale or retail store
202–H
High-voltage proximity
202–I
Leave of absence for military spouses
202–J
Leave of absence for blood donation granted to employees
202–K
Protection of persons employed in the broadcast industry
202–L
Leave of absence for volunteer emergency responders
203
Washrooms, washing facilities and waterclosets for elevator employees
203–A
Seats in certain passenger elevators or relief for the operator
203–B
Seats for female employees
203–C
Employee privacy protection
203–D
Employee personal identifying information
203–E
Prohibition of discrimination based on an employee’s or a dependent’s reproductive health decision making
203–F
Inventions made by employees
204
Inspection of boilers
204–B
Refunds
205
Prohibition against eating meals in certain workrooms
206
Prevention of personal injuries to persons engaged in tree trimming
206–A
Physical examinations of females
206–C
Right of nursing employees to express breast milk
207
Protection of employees at switchboards
207–A
Employee safety in work on energized high voltage lines
208
Labels, brands and marks used by labor organizations
209
Illegal use of labels, brands and marks
209–A
Fraudulent representation in labor organizations
210
Proceedings for nonenforcement
210–A
Legal duty to employees
211
Protection of employees
211–A
Prohibition against use of funds
212
Drinking water for farm laborers
212–A
Migrant registration law
212–B
Farm labor camp commissaries
212–C
Definitions
212–D
Field sanitation for farm hand workers, farm field workers and farm food processing workers
213
Violations of provisions of labor law
213–A
Special provisions regarding the purchasing of apparel or sports equipment by the state university of New York and the city university of...
214
Criminal prosecution
215
Penalties and civil action
215–A
Discrimination against employees for failure to meet certain ticket quotas
215–B
Children
215–C
Discrimination against employees for displaying the American flag
216
Failure to pay statutory inspection fees
217
Employee notification and remittance of premiums
218
Violations of certain provisions
218–A
Sun safety education for state employees
218–B
Prevention of occupational exposure to an airborne infectious disease
219
Violations of certain wage payment provisions
219–A
Affirmation in lieu of oath
219–C
Public notice of employer violations
219–D
Emergency alert notification system employer registration

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 202-I’s source at nysenate​.gov

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