2023 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.