N.Y. Military Law § 317: Reemployment in private industry

§ 317. Reemployment in private industry. 1. In the case of any person

who, in order to perform military service, has left or leaves a

position, other than a temporary position, in the employ of any

employer, and who

(a) receives a certificate of completion of military service duly

executed by an officer of the applicable force of the armed forces of

the United States or by an officer of the applicable force of the

organized militia of this state or of any other state as provided for by

law;

(b) is still qualified to perform the duties of such position; and

(c) makes application for reemployment within ninety days after he or

she is relieved from such service, if such position was in the employ of

a private employer, such employer shall restore such person to such

position, or to a position of like seniority, status and pay, unless the

employer's circumstances have so changed as to make it impossible or

unreasonable to do so.

2. The benefits, rights and privileges granted to persons in the

military service by this section shall be extended to and be applicable

to any person who, in order to participate in assemblies for drill or

other equivalent training, reserve duty training, instruction or duties,

or annual full-time training duty, active duty for training or other

annual training pursuant to any law of the United States or section

forty-six of this chapter or the regulations issued thereunder, or in

order to attend service schools conducted by the armed forces of the

United States, temporarily leaves or has left his or her position, other

than a temporary position, in the employ of any employer and who, being

qualified to perform the duties of such position, makes application for

reemployment within ten days after completion of such temporary period

of service.

2-a. The benefits, rights and privileges granted to persons in the

military service by this section shall be extended to and be applicable

to any person who, in order to perform initial full-time training duty

or initial active duty for training with or in an armed force of the

United States under the provisions of this chapter or the laws of the

United States or both, temporarily leaves or has left his or her

position, other than a temporary position, in the employ of any employer

and who, being qualified to perform the duties of such position, makes

application for re-employment within sixty days after completion of such

period of full-time training duty or active duty for training.

3. The benefits, rights and privileges granted to persons in the

military service by this section shall be extended to and be applicable

to any person who is or becomes a member of the organized militia of

this state or of any other state as provided for by law, or of a reserve

component of the armed forces of the United States and who, because of

such membership is discharged by his or her employer or whose employment

is suspended by his or her employer because of such membership and who,

being qualified to perform the duties of such position, makes

application for reemployment or termination of the period of his or her

suspension within ten days after such discharge or suspension. These

benefits, rights and privileges are not applicable to persons

participating in routine reserve officer training corps training except

when performing advanced training duty as a member of a reserve

component of the armed forces.

4. Any person who is restored to a position in accordance with the

provisions of this section shall be considered as having been on

furlough or leave of absence during his or her period of military

service, temporary service under subdivision two or subdivision two-a of

this section, or of discharge or suspension under subdivision three of

this section, shall be so restored without loss of seniority, shall be

entitled to participate in insurance or other benefits offered by the

employer pursuant to established rules and practices relating to

employees on furlough or leave of absence in effect with the employer at

the time such person entered the military service or commenced such

temporary service or was so discharged or suspended, and shall not be

discharged from such position without cause, within one year after such

restoration.

5. In case any private employer fails or refuses to comply with the

provisions of this section, the supreme court of the state within the

county in which such private employer maintains a place of business,

shall have the power, upon the filing of a motion, petition or other

appropriate pleading, by the person entitled to the benefits of such

provisions, to specifically require such employer to comply with such

provisions, and may, as an incident thereto, compensate such person for

any loss of wages or benefits suffered by reason of such employer's

unlawful action. The court shall order a speedy hearing in any such

case, and shall advance it on the calendar. Any person claiming to be

entitled to the benefits of the provisions of this section may appear

and be represented by counsel, or, upon application to the attorney

general of the state, may request that the attorney general appear and

act on his or her behalf. If the attorney general is reasonably

satisfied that the person so applying is entitled to such benefits, he

or she shall appear and act as attorney for such person in the amicable

adjustment of the claim, or in the filing of any motion, petition or

other appropriate pleading and the prosecution thereof. In the hearing

and determination of such applications under this section no fees or

court costs shall be assessed against a person so applying for such

benefits.