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USERRA: New York

USERRA requirements for other states

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

Author: Jessica Sussman


  • 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 (other than a temporary employee) returning from ordered military service 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 (regardless of the length of military service). 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.