2012 New York Consolidated Laws
PBO - Public Officers
Article 4 - (60 - 79) POWERS AND DUTIES OF PUBLIC OFFICERS
63 - Leave of absence for veterans on Memorial day and Veterans' day.


NY Pub Off L § 63 (2012) What's This?
 
    § 63. Leave of absence for veterans on Memorial day and Veterans' day.
  It shall be the duty of the head of every public department and of every
  court  of  the  state of New York, of every superintendent or foreman on
  the public works of said state, of the county officers  of  the  several
  counties  of  said  state,  of the town officers of the various towns in
  this state, of the fire district officers of the various fire  districts
  in this state, and of the head of every department, bureau and office in
  the government of the various cities and villages in this state, and the
  officers  of  any  public benefit corporation or any public authority of
  this state, or of any public benefit corporation or public authority  of
  any  county  or subdivision of this state, to give leave of absence with
  pay for twenty-four hours on the day  prescribed  by  law  as  a  public
  holiday  for  the  observance of Memorial day and on the eleventh day of
  November, known as Veterans' day, to every person in the service of  the
  state, the county, the town, the fire district, the city or village, the
  public  benefit  corporation  or  public authority of this state, or any
  public  benefit  corporation  or  public  authority  of  any  county  or
  subdivision  of this state, as the case may be, (i) who served on active
  duty in the armed forces of the United States  during  world  war  I  or
  world  war II, or who was employed by the War Shipping Administration or
  Office of Defense Transportation or their agents as  a  merchant  seaman
  documented  by  the United States Coast Guard or Department of Commerce,
  or as a civil servant employed  by  the  United  States  Army  Transport
  Service  (later  redesignated  as  the United States Army Transportation
  Corps, Water Division) or the  Naval  Transportation  Service;  and  who
  served  satisfactorily  as  a  crew  member  during  the period of armed
  conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
  fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in
  oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such
  terms  are defined under federal law (46 USCA 10301 & 10501) and further
  to include "near foreign" voyages between the United States and  Canada,
  Mexico,  or  the  West  Indies  via  ocean  routes, or public vessels in
  oceangoing service or foreign waters and who has received a  Certificate
  of Release or Discharge from Active Duty and a discharge certificate, or
  an Honorable Service Certificate/Report of Casualty, from the Department
  of  Defense,  or  who served as a United States civilian employed by the
  American Field Service and served overseas under  United  States  Armies
  and United States Army Groups in world war II during the period of armed
  conflict,  December  seventh,  nineteen  hundred  forty-one  through May
  eighth, nineteen hundred forty-five, and who was discharged or  released
  therefrom  under  honorable conditions, or who served as a United States
  civilian Flight  Crew  and  Aviation  Ground  Support  Employee  of  Pan
  American  World Airways or one of its subsidiaries or its affiliates and
  served overseas  as  a  result  of  Pan  American's  contract  with  Air
  Transport  Command  or  Naval Air Transport Service during the period of
  armed conflict, December fourteenth, nineteen hundred forty-one  through
  August  fourteenth,  nineteen hundred forty-five, and who was discharged
  or released therefrom under honorable conditions, or during  the  period
  of   the  Korean  conflict  at  any  time  between  the  dates  of  June
  twenty-seventh,  nineteen  hundred  fifty  and   January   thirty-first,
  nineteen  hundred  fifty-five,  or  during  the  period  of  the Vietnam
  conflict from  the  twenty-eighth  day  of  February,  nineteen  hundred
  sixty-one  to  the seventh day of May, nineteen hundred seventy-five, or
  (ii) who served on active duty in the armed forces of the United  States
  and  who  was  a recipient of the armed forces expeditionary medal, navy
  expeditionary  medal   or   marine   corps   expeditionary   medal   for
  participation in operations in Lebanon from June first, nineteen hundred
  eighty-three  to  December  first,  nineteen  hundred  eighty-seven,  in

  Grenada from October  twenty-third,  nineteen  hundred  eighty-three  to
  November  twenty-first, nineteen hundred eighty-three, or in Panama from
  December   twentieth,   nineteen   hundred   eighty-nine   to    January
  thirty-first,  nineteen hundred ninety, or (iii) who served in the armed
  forces of a foreign country allied with the United States  during  world
  war  I  or  world war II, or during the period of the Korean conflict at
  any time between June twenty-seventh, nineteen hundred fifty and January
  thirty-first, nineteen hundred fifty-five, or during the period  of  the
  Vietnam  conflict  from  the  twenty-eighth  day  of  February, nineteen
  hundred  sixty-one  to  the  seventh  day  of  May,   nineteen   hundred
  seventy-five, or during the period of the Persian Gulf conflict from the
  second  day  of  August,  nineteen  hundred  ninety  to  the end of such
  conflict, or who served on active duty in the army  or  navy  or  marine
  corps  or  air  force  or  coast guard of the United States, and who was
  honorably discharged or separated  from  such  service  under  honorable
  conditions, except where such action would endanger the public safety or
  the  safety  or health of persons cared for by the state, in which event
  such persons shall be entitled to leave of absence with pay  on  another
  day in lieu thereof. All such persons who are compensated on a per diem,
  hourly,  semi-monthly  or  monthly  basis,  with or without maintenance,
  shall also be entitled to leave of absence with pay under the provisions
  of this section and no deduction  in  vacation  allowance  or  budgetary
  allowable  number  of  working  days  shall  be  made in lieu thereof. A
  refusal to give such leave of absence to one entitled thereto  shall  be
  neglect of duty.

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