NY Mil L § 317 (2021)
2021 New York Laws MIL - Military Article 13 - New York State Soldiers' and Sailors' Civil Relief Act 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;  (b) is still qualified to perform the duties of such position; and  (c) makes application for reemployment within ninety days after he  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 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 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 or  of a  reserve  component  of the armed forces of the United States and who, because of such membership  is  discharged  by  his  employer  or  whose employment  is  suspended by his 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 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  period  of  military  service, temporary  service under subdivision two or subdivision two-a hereof, or of discharge or suspension under subdivision three hereof, 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 behalf. If the attorney general is reasonably satisfied that the person so applying is entitled to such benefits, he 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.