New York Military Spouse
New York Leave for Military Spouses - NY labor law § 202-i
Covered Employers: Employers who employ 20 or more employees at at least one site (includes an individual, corporation, the state, county, town, city, school district, public authority or other governmental subdivision of any kind)
Employee Eligibility: Employees who work on average at least 20 hours per week
Entitlement: 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.
Employer Notice: Not specified
Employee Notice: Employee shall provide as much notice as practicable
Certification Supporting Need for Leave: An employee may or may not be required to support documentation
Paid? No
Benefits: This leave shall not affect an employee's rights to their benefits
Reinstatement: Not specified (but note that there is an anti-retaliation provision)
Other Important Definitions/Requirements: An employer may not retaliate against an employee for requesting or obtaining leave, nor can an employer discharge, penalize, or in any way discriminate against an employee for exercising rights under the leave, or instituting or participating in proceedings regarding a violation.
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