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.

Absence Specification

Concurrency

  • May run concurrently with federal FMLA leave for qualifying exigency, and NY Paid Family Leave

Amount of leave provided

  • 10 days per R&R leave from deployment

Intake Trigger

  • Military

    • Active or Reserves

      • Spouse

        • Exigency

          • Rest and Recuperation

Eligibility Requirements

  • 20 or more employees at at least one worksite

  • Average 20 or more hours per week

Calendar Type

  • The entitlement is available for each time the spouse is on leave from deployment