Section 200-B. Leaves of absence for volunteer firemen entering the armed forces of the United States prior to July first, nineteen hundred sixty-six  


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  • 1.  When, prior to July first, nineteen hundred sixty-six, a  volunteer firefighter in good standing in the fire company or department
      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 continuing on July first, nineteen hundred sixty-six,  and  by
      reason of such active duty is prevented from actually performing duty as
      a  volunteer  firefighter in his fire company or department, he shall be
      given a leave of absence from said company or department  for  a  period
      which,  when  added to his period of service as a volunteer firefighter,
      shall not exceed five years. The fire company  or  department,  however,
      may grant a volunteer firefighter on such active duty a leave of absence
      for  a  period  longer  than  the  mandatory period above specified. Any
      certificate issued to the 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  or
      department  may  enroll  another person as a member to take the place of
      the volunteer fireman on such active duty. Any person  so  enrolled  may
      continue  as  a  member of the company or department until he shall have
      served the time necessary to qualify him as an exempt volunteer fireman,
      even though the person whose place he took may have resumed  his  duties
      as a volunteer fireman.