What's happening
This bill requires New York employers to grant veterans an excused leave of absence on Veterans Day unless it causes undue hardship.
Why it matters
Veterans must provide written proof of their status to their employer by October 15th each year to be eligible for Veterans Day leave. This means advance planning and documentation are required, potentially reducing last-minute or unverified requests.
The leave is unpaid unless the veteran chooses to use other accrued leave (such as vacation or personal days). This gives veterans flexibility but does not guarantee paid time off, which could impact those relying on their regular income.
Employers can deny the leave only if the veteran’s absence would cause “undue hardship” to business operations. This sets a high bar for denial, prioritizing veteran rights while still considering business needs.
The law explicitly protects existing collective bargaining agreements and does not override union contracts. This ensures that unionized workers retain all negotiated benefits and that the new law does not diminish current labor protections.
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Who cares
Headline styles
Veterans Get Veterans Day Off
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
3 Co-sponsors
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.296
- Referred to veterans, homeland security and military affairs
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.44
- Referred to veterans, homeland security and military affairs
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Veterans Get Veterans Day Leave
In Assembly Committee · Labor · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
678
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sens. ORTT, FUNKE, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs
AN ACT to amend the labor law, in relation to establishing a leave of absence for veterans
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The labor law is amended by adding a new section 202-n to read as follows:
§ 202-n. Leave of absence for veterans. 1. Any person may request and shall be granted a leave of absence from his or her employer on Veterans Day, November eleventh, if such person qualifies as a veteran under this section unless the employer determines that the person's absence would impose an undue hardship on the conduct of the employer's business as defined by paragraph (d) of subdivision ten of section two hundred ninety-six of the executive law.
2. Subdivision one of this section shall apply only when the employer has previously received written documentation identifying the person as a veteran on or before October fifteenth of the same year such leave is being requested.
3. The entire period of the authorized leave of absence granted pursuant to this section shall either be unpaid excused leave for persons who are subject to the overtime provisions of this chapter, the federal fair labor standards act and regulations promulgated thereunder, or may otherwise be charged against any other leave to which such person is entitled, as determined by the person.
4. Nothing set forth in this section shall be construed to impede, infringe or diminish the rights and benefits which accrue to employees through bona fide collective bargaining agreements, or otherwise diminish the integrity of the existing collective bargaining relationship.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04519-01-7
S. 678 2
5. For the purposes of this section, the term "veteran" shall mean a member of the armed forces of the United States who was honorably discharged or released under honorable circumstances from such service, who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States and who is a resident of the state of New York at the time of application for leave.
6. This section shall not apply to any individual covered by section sixty-three of the public officers law.
§ 2. This act shall take effect on the first of October next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to establishing a leave of absence for veterans
Purpose or general idea of bill
This legislation would allow a Veteran to have off for Veterans Day.
Summary of specific provisions
Section 1 creates a new section 202-n of labor law to allow a veteran to be granted a leave of absence from their employer on Veterans Day if they qualify as a veteran. This section does allow for a hardship waiver for business. Further this section states that a Veteran shall put the request in writing before October 15th. This section shall either be unpaid excused leave or may be charged to other available leaves at the discretion of the employee.
Section 2 is the effective date.
Justification
Veterans day is a day to honor and celebrate those who have served in our Armed Forces. Requiring those who served to work on those days runs counter to the spirit of this day. This legislation would allow Veterans to be able to truly enjoy a day that is meant to honor them by allowing the Veteran the option of taking that day off if they so choose. At a time when we are looking for ways to thank those who serve, allowing them to march in parades honoring them or to do what they see fit on this day of honor only is fit.
Prior legislative history
S. 3467A/A. 6324A of 2015/16; Advanced to Third Reading
Fiscal implications
None
Effective date
This act shall take effect on the first of October next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.