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USERRA: New York

USERRA requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jessica Sussman


  • The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides leave rights for public and private employees with military obligations. New York law applies when it provides greater benefits than USERRA. See New York Military Leave.
  • New York private employers must reinstate an employee (other than a temporary employee) returning from ordered military service as long as the employee meets certain requirements. See Reinstatement.
  • A New York employer may not terminate an employee without cause for one year following reinstatement (regardless of the length of military service). See Termination Following Return to Employment.
  • In New York, employers are required to provide up to 10 days of unpaid leave to employees whose spouses are on leave from the US Armed Forces, National Guard or Reserves while deployed during a period of war. See Military Spouse Leave.
  • Under the New York State Human Rights Law (NYSHRL), employers with four or more employees, as well as employment agencies, are prohibited from discriminating against individuals on the basis of their military status. See Discrimination.