•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06348 Summary:

BILL NOA06348
 
SAME ASSAME AS S00788
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
Add §202-n, Lab L
 
Establishes a leave of absence for veterans on Veterans Day, November 11th.
Go to top

A06348 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6348
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the labor law, in relation to establishing a leave of absence for veterans   PURPOSE: This legislation would allow a Veteran to have off for Veterans Day.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates a new section 202-n of labor law to allow a veteran to be granted a leave of absence from their employer on Veterans Day if they qualify as a veteran. This section does allow for a hardship waiver for business. Further this section states that a Veteran shall put the request in writing before October 15th. This section shall either be unpaid excused leave or may be charged to other available leaves at the discretion of the employee. Section 2 is the effective date.   JUSTIFICATION: Veterans day is a day to honor and celebrate those who have served in our Armed Forces. Requiring those who served to work on those days runs counter to the spirit of this day. This legislation would allow Veterans to be able to truly enjoy a day that is meant to honor them by allowing the Veteran the option of taking that day off if they so choose. At a time when we are looking for ways to thank those who serve, allowing them to march in parades honoring them or to do what they see fit on this day of honor only is fit.   LEGISLATIVE HISTORY: 2021-22: S. 3490/A.7655; 2019-20: S.264/A.8804; 2017-18: S.678/A.4423; 2015-16: S.3467A/A.6324A   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: First October next succeeding the date on which it shall become a law.
Go to top

A06348 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6348
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 5, 2023
                                       ___________
 
        Introduced by M. of A. THIELE -- 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.
                                                                   LBD03574-01-3

        A. 6348                             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.
Go to top