N.Y. General Municipal Law § 200-c: Leaves of absence for volunteer firefighters entering the armed forces of the United States on or after July first, nineteen hundred sixt...

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

armed forces of the United States on or after July first, nineteen

hundred sixty-six. 1. When, on or after July first, nineteen hundred

sixty-six, a volunteer firefighter in good standing in the fire company

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 ending July first, nineteen hundred seventy-five, he shall be

deemed to be on leave of absence from such fire company during such

active duty, provided, however, that the fire company, or the

authorities having control of the fire company with the concurrence of

the fire company, may terminate his membership, by reason of his

continued military service, at any time after such a leave of absence

shall have continued for five years, and termination for such cause

shall constitute an honorable discharge from the fire company, and

provided further that during such active duty his membership in such

fire company shall terminate as provided by law when by reason of his

voluntary change of residence he shall no longer meet the residence

requirements for members of such fire company. Any certificate issued to

such 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 may

elect to membership another person meeting the membership requirements

of the fire company to take the place of the volunteer firefighter on

such active duty. Any person so elected to membership may continue as a

member of the fire company even though the person whose place he or she

took may have resumed his or her duties as a volunteer member of such

fire company, unless his or her membership shall terminate as provided

by law when he or she shall no longer meet the residence requirements

for members of such fire company.