Relates to abolition of positions occupied by public employees absent on military duty

Summary of specific provisions

Section 1: Section 243 of the military law is amended by adding a new subdivision 10-b to state that if a public employer consolidates, abolishes, displaces, or demotes a position in accordance with section eighty, eight-a, or eighty-five of the civil service law, which is occupied by a public employee currently on active duty with the armed forces of the United States, as pursuant to title ten, fourteen, or thirty-two of the United States code, such employer shall comply with subdivisions eleven and twelve of this section, and, upon the termination of the public employee's active duty, as defined in title ten, fourteen, or thirty-two of the United States code, such public employer shall provide full re-employment rights warranted to such employee under the Federal Uniformed Services Employment and Reemployment Rights Act of 1994, provided, however, the right of reemployment under this subdivision does not entitle such employee to displacement rights over any person with greater seniority. Such public employer shall not abolish any position or positions solely based upon the fact that the position or positions are currently filled by an individual or individuals engaged in military duty. Subdivision 11 of section 243 of the military is amended to make technical corrections referencing sections eighty-one of the civil service law, and sections twenty-five hundred ten, twenty-five hundred eighty-five and twenty-five hundred eighty-eight of the education law.

Section 2: Subdivision 1 of section 81 of the civil service law is amended to make technical corrections and to state that an employee whose name was placed on a preferred list and at the time of such placement was on active duty with the armed forces of the United States, as pursuant to title ten, fourteen or thirty-two of the United States code, shall not be eligible for employment reinstatement for a period longer than four years after the termination of military duty.

Section 3: The civil service law is amended by adding a new section 88 which prohibits against discrimination against public employees serving in the armed forces and states that no public employer shall deny employment, re-employment, or any benefit of employment to any person or employee based on the prospective, current or past enlistment, appointment or commission with the armed forces of the United States. Such person or persons shall be afforded full enforcement rights under

the laws of this state and of the United States, including the Federal Uniformed Services Employment and Reemployment Act of 1994.

Section 4: States the effective date.

Justification

In late 2010, the Metropolitan Transportation Authority (MIA) allowed several service members to be laid off while they are serving overseas due to the authority's downsizing.

This is an outrage. Even if it is legal for the MTA to let someone go while they are serving their country in a time of war, it should not be done. Our servicemen and women sacrifice their time and put their family lives and careers on hold to defend each one of our rights and freedoms.

For their service, they should be thanked, not sent to the unemployment line.

The MTA's interpretation of the Soldiers and Sailors Civil Relief Act is that a downsizing public employer doesn't have to make an exception for soldiers on leave from their civilian jobs. In the absence of common decency, this can be rectified with legislation.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.