What's happening
This bill extends certain military service employment protections in New York to out-of-state militia members, if their home state reciprocates for New York militia members.
Why it matters
Expands job protections for out-of-state militia members. If you live in another state but work in New York and are called up for active duty by your home state’s governor, you’ll receive the same employment protections as New York militia members—provided your home state offers reciprocal protections to New Yorkers.
Encourages interstate cooperation on military leave. This bill is designed to promote mutual support between states, ensuring that employment rights are protected for militia members regardless of which side of a state border they live or work on, but only if both states agree to the arrangement.
Covers both public and private sector jobs. The new language applies to all employees in New York, whether they work for a public employer (like a school or government agency) or a private company, as long as their home state reciprocates the benefit for New York militia members.
Addresses modern workforce mobility. By recognizing that many people live in one state and work in another, the bill helps safeguard service members’ civilian jobs and benefits, reducing job-related penalties for fulfilling militia duties across state lines.
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Who cares
Out-of-state militia members working in New York
The bill would extend military-service employment protections to them when their home-state governor calls them to active service, provided their state offers reciprocal protections.
New York employers
They would need to apply section 317’s benefits, rights and privileges to qualifying employees who serve in another state’s organized militia.
New York public employers
The bill would extend section 243’s provisions to qualifying out-of-state militia members working in New York, subject to reciprocity.
New York organized militia members working in other states
Protections for them in their state of employment would determine whether that state’s militia members qualify for the bill’s protections in New York.
Headline styles
Protect Jobs for Deployed Troops
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to veterans, homeland security and military affairs
- Referred to veterans, homeland security and military affairs
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
120
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- 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 military law, in relation to reemployment of members of an organized militia called to military service
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 317 of the military law is amended by adding a new subdivision 4-a to read as follows:
4-a. The benefits, rights and privileges granted to persons in the military service by this section shall be extended and applicable to any person who is employed in this state but who is a resident of another state and a member of such state's organized militia called to active service by the governor of the state in which they reside; provided, however, that such provisions shall only apply if the state in which such person resides provides a reciprocal grant of such benefits, rights and privileges to persons employed in such state who are members of New York's organized militia when called to active service by the governor of New York state.
§ 2. Paragraph (a) of subdivision 1 of section 243 of the military law, as added by chapter 420 of the laws of 1953, is amended to read as follows:
(a) (i) The term "public employee" shall mean an officer or employee holding a position by appointment or employment in the state of New York or in the cities, counties, towns, villages or school districts thereof, or in any other political or civil division of the state or of a municipality, or in any public or special district, or in the service of any public authority, public benefit corporation, commission or board, or in any other branch of the public service.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02384-01-9
S. 120 2
(ii) The provisions of this section shall apply to any person who is employed in this state but who is a resident of another state and a member of such state's organized militia called to active service by the governor of the state in which they reside; provided, however, that such provisions shall only apply if the state in which such person resides provides a reciprocal grant of such benefits, rights and privileges to persons employed by such state who are members of New York's organized militia when called to active service by the governor of New York state.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the military law, in relation to reemployment of members of an organized militia called to military service
Purpose or general idea of bill
This legislation would allow job protection for both New York state public and private employees who live outside of New York and are deployed as a member of their State's organized militia.
Summary of specific provisions
Section 1 amends section 317 of the military law to allow for job protection for private employees who live outside of New York and are deployed as a member of their State's organized militia.
Section 2 amends section 243 of the military law to allow for job protection for those public employees who live outside of New York and are deployed as a member of their State's organized militia.
Section 3 is the effective date.
Justification
Current New York State law allows for job protection for New York state residents employed within New York when they are called to active duty by the Governor. This legislation seeks to ensure job protection for those individuals employed in New York but who reside out of State and serve out of State. New York law should not discriminate against employ- ees based on whether or not they live in or out of New York. All indi- viduals who work inside this State and serve as a member of a State's National guard are deserving of job protection when called to active duty. This legislation seeks to ensure that these protections exist.
Prior legislative history
S. 733 of 2017 and 2018 Passed Senate S. 6917/A. 9783 Passed Senate n 2016
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.