N.Y. Public Officers Law § 63: Leave of absence for veterans on Memorial day and Veterans' day

§ 63. Leave of absence for veterans on Memorial day and Veterans' day.

It shall be the duty of the head of every public department and of every

court of the state of New York, of every superintendent or foreperson on

the public works of said state, of the county officers of the several

counties of said state, of the town officers of the various towns in

this state, of the fire district officers of the various fire districts

in this state, and of the head of every department, bureau and office in

the government of the various cities and villages in this state, and the

officers of any public benefit corporation or any public authority of

this state, or of any public benefit corporation or public authority of

any county or subdivision of this state, to give leave of absence with

pay for twenty-four hours on the day prescribed by law as a public

holiday for the observance of Memorial day and on the eleventh day of

November, known as Veterans' day, to every person in the service of the

state, the county, the town, the fire district, the city or village, the

public benefit corporation or public authority of this state, or any

public benefit corporation or public authority of any county or

subdivision of this state, as the case may be, (i) who served on active

duty in the armed forces of the United States during world war I or

world war II, or who was employed by the War Shipping Administration or

Office of Defense Transportation or their agents as a merchant seaman

documented by the United States Coast Guard or Department of Commerce,

or as a civil servant employed by the United States Army Transport

Service (later redesignated as the United States Army Transportation

Corps, Water Division) or the Naval Transportation Service; and who

served satisfactorily as a crew member during the period of armed

conflict, December seventh, nineteen hundred forty-one, to August

fifteenth, nineteen hundred forty-five, aboard merchant vessels in

oceangoing, i.e., foreign, intercoastal, or coastwise service as such

terms are defined under federal law (46 USCA 10301 & 10501) and further

to include "near foreign" voyages between the United States and Canada,

Mexico, or the West Indies via ocean routes, or public vessels in

oceangoing service or foreign waters and who has received a Certificate

of Release or Discharge from Active Duty and a discharge certificate, or

an Honorable Service Certificate/Report of Casualty, from the Department

of Defense, or who served as a United States civilian employed by the

American Field Service and served overseas under United States Armies

and United States Army Groups in world war II during the period of armed

conflict, December seventh, nineteen hundred forty-one through May

eighth, nineteen hundred forty-five, and who (a) was discharged or

released therefrom under honorable conditions, or (b) has a qualifying

condition, as defined in section one of the veterans' services law, and

has received a discharge other than bad conduct or dishonorable from

such service, or (c) is a discharged LGBT veteran, as defined in section

one of the veterans' services law, and has received a discharge other

than bad conduct or dishonorable from such service or who served as a

United States civilian Flight Crew and Aviation Ground Support Employee

of Pan American World Airways or one of its subsidiaries or its

affiliates and served overseas as a result of Pan American's contract

with Air Transport Command or Naval Air Transport Service during the

period of armed conflict, December fourteenth, nineteen hundred

forty-one through August fourteenth, nineteen hundred forty-five, and

who (d) was discharged or released therefrom under honorable conditions,

or (e) has a qualifying condition, as defined in section one of the

veterans' services law, and has received a discharge other than bad

conduct or dishonorable from such service, or (f) is a discharged LGBT

veteran, as defined in section one of the veterans' services law, and

has received a discharge other than bad conduct or dishonorable from

such service or during the period of the Korean conflict at any time

between the dates of June twenty-seventh, nineteen hundred fifty and

January thirty-first, nineteen hundred fifty-five, or during the period

of the Vietnam conflict from the first day of November, nineteen hundred

fifty-five to the seventh day of May, nineteen hundred seventy-five, or

(ii) who served on active duty in the armed forces of the United States

and who was a recipient of the armed forces expeditionary medal, navy

expeditionary medal or marine corps expeditionary medal for

participation in operations in Lebanon from June first, nineteen hundred

eighty-three to December first, nineteen hundred eighty-seven, in

Grenada from October twenty-third, nineteen hundred eighty-three to

November twenty-first, nineteen hundred eighty-three, or in Panama from

December twentieth, nineteen hundred eighty-nine to January

thirty-first, nineteen hundred ninety, or (iii) who served in the armed

forces of a foreign country allied with the United States during world

war I or world war II, or during the period of the Korean conflict at

any time between June twenty-seventh, nineteen hundred fifty and January

thirty-first, nineteen hundred fifty-five, or during the period of the

Vietnam conflict from the first day of November, nineteen hundred

fifty-five to the seventh day of May, nineteen hundred seventy-five, or

during the period of the Persian Gulf conflict from the second day of

August, nineteen hundred ninety to the end of such conflict, or (iv) who

served on active duty in the army or navy or marine corps or air force

or space force or coast guard or the commissioned corps of the national

oceanic and atmospheric administration or the commissioned corps of the

public health service of the United States, and who (a) was honorably

discharged or separated from such service under honorable conditions, or

(b) has a qualifying condition, as defined in section one of the

veterans' services law, and has received a discharge other than bad

conduct or dishonorable from such service, or (c) is a discharged LGBT

veteran, as defined in section one of the veterans' services law, and

has received a discharge other than bad conduct or dishonorable from

such service except where such action would endanger the public safety

or the safety or health of persons cared for by the state, in which

event such persons shall be entitled to leave of absence with pay on

another day in lieu thereof. All such persons who are compensated on a

per diem, hourly, semi-monthly or monthly basis, with or without

maintenance, shall also be entitled to leave of absence with pay under

the provisions of this section and no deduction in vacation allowance or

budgetary allowable number of working days shall be made in lieu

thereof. A refusal to give such leave of absence to one entitled thereto

shall be neglect of duty.