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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

Summary

  • 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 cannot terminate an employee reinstated following a military leave without cause for one year following reinstatement (regardless of length of service). See Termination Following Return to Employment.
  • New York's Military Law provides every public officer or employee must be paid their salary or other compensation for any period an employee is absent from work as a result of being engaged in the performance of ordered military duty. See Public Employers.
  • In New York, private and public 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.