2023 New York Laws › GMU - General Municipal › Article 10 - Firefighters and Police Officers › 200-C - Leaves of Absence for Volunteer Firefighters Entering the Armed Forces of the United States on or After July First, Nineteen Hundred Sixty-Six.

§  200-c.  Leaves  of  absence for volunteer firefighters entering the
  armed forces of the United States  on  or  after  July  first,  nineteen
  hundred  sixty-six.  1.  When,  on or after July first, nineteen hundred
  sixty-six, a volunteer firefighter in good standing in the fire  company
  of  which  he is a member enters upon active duty in the armed forces of
  the United States (1) during any war between the United States  and  any
  other  nation,  or (2) during the period beginning with the commencement
  of the military and naval preparedness  in  the  year  nineteen  hundred
  forty  and ending July first, nineteen hundred seventy-five, he shall be
  deemed to be on leave of absence from  such  fire  company  during  such
  active   duty,   provided,  however,  that  the  fire  company,  or  the
  authorities having control of the fire company with the  concurrence  of
  the  fire  company,  may  terminate  his  membership,  by  reason of his
  continued military service, at any time after such a  leave  of  absence
  shall  have  continued  for  five  years, and termination for such cause
  shall constitute an honorable  discharge  from  the  fire  company,  and
  provided  further  that  during  such active duty his membership in such
  fire company shall terminate as provided by law when by  reason  of  his
  voluntary  change  of  residence  he  shall no longer meet the residence
  requirements for members of such fire company. Any certificate issued to
  such volunteer firefighter as provided in section  two  hundred  two  of
  this  article  shall  credit  him  with  the period of any such leave of
  absence in the same manner as if he had served during such period  as  a
  member of his fire company or department and had rendered service in all
  respects as specified in section two hundred of this article. The period
  of any such leave of absence shall be included in determining the period
  of  service  necessary to qualify him as an exempt volunteer firefighter
  pursuant to section two hundred of this article. During  the  period  of
  any  such  leave of absence such volunteer firefighter shall not perform
  any services or duties as a volunteer firefighter  except  for  services
  and duties performed pursuant to subdivision one-a of this section.
1-a.  A  volunteer  firefighter  on leave of absence, pursuant to this
  section, may perform services and  duties  as  a  volunteer  firefighter
  during  any period in which the armed forces of the United States grants
  the volunteer firefighter  a  temporary  leave  from  military  service,
  provided  that  such  services  and  duties  would  not violate any law,
  regulation, rule or order of the United States or of the armed forces of
  the United States. This subdivision shall not be construed to require  a
  volunteer  firefighter  on  such temporary leave to perform services and
  duties as a  volunteer  firefighter  during  any  temporary  leave  from
  military service.
2. During the period of any such leave of absence the fire company may
  elect  to  membership another person meeting the membership requirements
  of the fire company to take the place of the  volunteer  firefighter  on
  such  active duty. Any person so elected to membership may continue as a
  member of the fire company even though the person whose place he or  she
  took  may  have  resumed his or her duties as a volunteer member of such
  fire company, unless his or her membership shall terminate  as  provided
  by  law  when  he or she shall no longer meet the residence requirements
  for members of such fire company.