USERRA: New York
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, certain employers are required to provide up to 10 days of unpaid leave to employees whose spouses are on leave from active duty during a period of war. See Military Spouse Leave.
- Discrimination against military servicemembers is prohibited under the New York State Military Law, New York State Human Rights Law and New York City Human Rights Law. See Discrimination.