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.
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.