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2017 New York Laws
LAB - Labor
Article 7 - General Provisions
202-I - Leave of Absence for Military Spouses.

Universal Citation: NY Lab L § 202-I (2017)
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 202-i. Leave of absence for military spouses. 1. For the purposes of
  this section, the following terms shall have the following meanings:

(a)  "Employee"  means  a  person who performs service for hire for an
  employer, for an average of twenty or more hours per week, and  includes
  all  individuals  employed  at any site owned or operated by an employer
  but shall not include an independent contractor.

(b) "Employer" means a person or entity that employs  twenty  or  more
  employees  at at least one site and includes an individual, corporation,
  the state, county, town, city,  school  district,  public  authority  or
  other governmental subdivision of any kind.

(c)  "Period  of  military conflict" means a period of war declared by
  the United States Congress, or in which a member of a reserve  component
  of the armed forces is ordered to active duty pursuant to sections 12301
  and 12302 of title 10 of the United States Code.

2.  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.

3. An employer shall not retaliate against an employee for  requesting
  or obtaining a leave of absence as provided in this section.

4.  The  provisions  of  this  section  shall not affect or prevent an
  employer from providing leave for military spouses in addition to  leave
  allowed under any other provision of law. The provisions of this section
  shall not affect an employee's rights with respect to any other employee
  benefit provided by law.

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