USERRA: New York

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jessica Sussman

Summary

• The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides leave rights for public and private employees with military obligations. New York law applies when it provides greater benefits than USERRA. See New York Military Leave.
• New York private employers must reinstate an employee returning from military service or training as long as the employee meets certain requirements. See Reinstatement.
• A New York employer may not terminate an employee without cause for one year following reinstatement. See Termination Following Return to Employment.
• In New York, certain employers are required to provide up to 10 days of unpaid leave to employees whose spouses are on leave from active duty during a period of war. See Military Spouse Leave.
• Discrimination against military servicemembers is prohibited under the New York State Military Law, New York State Human Rights Law and New York City Human Rights Law. See Discrimination.