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New York Military Service (USERRA): What you need to know

Much like the federal government, which has enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA), many states have enacted laws to protect the employment status of the men and women who serve in the armed forces (38 USC 4301 et seq.). New York has enacted such a law.
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Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people. That is, if New York law is less protective than USERRA, the rights given by USERRA will apply and not the less protective New York law. In addition, if New York law is more protective than USERRA, the New York law will apply.
Employers are prohibited from discriminating against individuals because of their military obligations (NY Mil. Law Ch. 36 Sec. 242, Sec. 251, Sec. 317, Sec. 318).
Leave. Permanent employees must be given time off for military training or active duty and are entitled to the following reinstatement privileges.
Reinstatement after active duty. Private employees returning from active duty are entitled to be reinstated to the same position, or to a position of like seniority, status, and pay, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. Employees are entitled to reinstatement, provided they:
• Receive a certificate of completion.
• Are still qualified to perform their former job duties.
• Apply for reemployment within 90 days of discharge from duty.
Reinstatement after training. Employees who attend assemblies for drill or other military training are entitled to reinstatement to their former position or a position of like ...

>> Read more about Military Service (USERRA)

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State Requirements

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New York Military Service (USERRA) Resources

Military Service (USERRA) Products

Military Leave Webinar Recording
BLR Webinar: "Military Leave: Front-Line Strategies for Complying with New Developments Under USERRA and FMLA""
Military Leave Webinar Recording
BLR Webinar: "Military Leave: Front-Line Strategies for Complying with New Developments Under USERRA and FMLA""
USERRA Compliance Explained Webinar Recording
BLR Webinar: "USERRA Compliance Explained: How to Avoid a Battle When Service Members Return for Reemployment""
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    New FMLA Rule Webinar Recording
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