N.Y. General Municipal Law § 200-b: Leaves of absence for volunteer firefighters entering the armed forces of the United States prior to July first, nineteen hundred sixty-six

§ 200-b. Leaves of absence for volunteer firefighters entering the

armed forces of the United States prior to July first, nineteen hundred

sixty-six. 1. When, prior to July first, nineteen hundred sixty-six, a

volunteer firefighter in good standing in the fire company or department

of which he is a member enters upon active duty in the armed forces of

the United States (1) during any war between the United States and any

other nation, or (2) during the period beginning with the commencement

of the military and naval preparedness in the year nineteen hundred

forty and continuing on July first, nineteen hundred sixty-six, and by

reason of such active duty is prevented from actually performing duty as

a volunteer firefighter in his fire company or department, he shall be

given a leave of absence from said company or department for a period

which, when added to his period of service as a volunteer firefighter,

shall not exceed five years. The fire company or department, however,

may grant a volunteer firefighter on such active duty a leave of absence

for a period longer than the mandatory period above specified. Any

certificate issued to the volunteer firefighter as provided in section

two hundred two of this article shall credit him with the period of any

such leave of absence in the same manner as if he had served during such

period as a member of his fire company or department and had rendered

service in all respects as specified in section two hundred of this

article. The period of any such leave of absence shall be included in

determining the period of service necessary to qualify him as an exempt

volunteer firefighter pursuant to section two hundred of this article.

During the period of any such leave of absence such volunteer

firefighter shall not perform any services or duties as a volunteer

firefighter except for services and duties performed pursuant to

subdivision one-a of this section.

1-a. A volunteer firefighter on leave of absence, pursuant to this

section, may perform services and duties as a volunteer firefighter

during any period in which the armed forces of the United States grants

the volunteer firefighter a temporary leave from military service,

provided that such services and duties would not violate any law,

regulation, rule or order of the United States or of the armed forces of

the United States. This subdivision shall not be construed to require a

volunteer firefighter on such temporary leave to perform services and

duties as a volunteer firefighter during any temporary leave from

military service.

2. During the period of any such leave of absence the fire company or

department may enroll another person as a member to take the place of

the volunteer firefighter on such active duty. Any person so enrolled

may continue as a member of the company or department until he or she

shall have served the time necessary to qualify him or her as an exempt

volunteer firefighter, even though the person whose place he or she took

may have resumed his or her duties as a volunteer firefighter.