N.Y. Labor Law § 202-i: Leave of absence for military spouses

§ 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.