Section 63. Leave of absence for veterans on Memorial day and Veterans' day  


Latest version.
  • It shall be the duty of the head of every public department and of every
      court  of  the  state of New York, of every superintendent or foreman on
      the public works of said state, of the county officers  of  the  several
      counties  of  said  state,  of the town officers of the various towns in
      this state, of the fire district officers of the various fire  districts
      in this state, and of the head of every department, bureau and office in
      the government of the various cities and villages in this state, and the
      officers  of  any  public benefit corporation or any public authority of
      this state, or of any public benefit corporation or public authority  of
      any  county  or subdivision of this state, to give leave of absence with
      pay for twenty-four hours on the day  prescribed  by  law  as  a  public
      holiday  for  the  observance of Memorial day and on the eleventh day of
      November, known as Veterans' day, to every person in the service of  the
      state, the county, the town, the fire district, the city or village, the
      public  benefit  corporation  or  public authority of this state, or any
      public  benefit  corporation  or  public  authority  of  any  county  or
      subdivision  of this state, as the case may be, (i) who served on active
      duty in the armed forces of the United States  during  world  war  I  or
      world  war II, or who was employed by the War Shipping Administration or
      Office of Defense Transportation or their agents as  a  merchant  seaman
      documented  by  the United States Coast Guard or Department of Commerce,
      or as a civil servant employed  by  the  United  States  Army  Transport
      Service  (later  redesignated  as  the United States Army Transportation
      Corps, Water Division) or the  Naval  Transportation  Service;  and  who
      served  satisfactorily  as  a  crew  member  during  the period of armed
      conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
      fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in
      oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such
      terms  are defined under federal law (46 USCA 10301&10501) and further
      to include "near foreign" voyages between the United States and  Canada,
      Mexico,  or  the  West  Indies  via  ocean  routes, or public vessels in
      oceangoing service or foreign waters and who has received a  Certificate
      of Release or Discharge from Active Duty and a discharge certificate, or
      an Honorable Service Certificate/Report of Casualty, from the Department
      of  Defense,  or  who served as a United States civilian employed by the
      American Field Service and served overseas under  United  States  Armies
      and United States Army Groups in world war II during the period of armed
      conflict,  December  seventh,  nineteen  hundred  forty-one  through May
      eighth, nineteen hundred forty-five, and who was discharged or  released
      therefrom  under  honorable conditions, or who served as a United States
      civilian Flight  Crew  and  Aviation  Ground  Support  Employee  of  Pan
      American  World Airways or one of its subsidiaries or its affiliates and
      served overseas  as  a  result  of  Pan  American's  contract  with  Air
      Transport  Command  or  Naval Air Transport Service during the period of
      armed conflict, December fourteenth, nineteen hundred forty-one  through
      August  fourteenth,  nineteen hundred forty-five, and who was discharged
      or released therefrom under honorable conditions, or during  the  period
      of   the  Korean  conflict  at  any  time  between  the  dates  of  June
      twenty-seventh,  nineteen  hundred  fifty  and   January   thirty-first,
      nineteen  hundred  fifty-five,  or  during  the  period  of  the Vietnam
      conflict from  the  twenty-eighth  day  of  February,  nineteen  hundred
      sixty-one  to  the seventh day of May, nineteen hundred seventy-five, or
      (ii) who served on active duty in the armed forces of the United  States
      and  who  was  a recipient of the armed forces expeditionary medal, navy
      expeditionary  medal   or   marine   corps   expeditionary   medal   for
      participation in operations in Lebanon from June first, nineteen hundred
      eighty-three  to  December  first,  nineteen  hundred  eighty-seven,  in
    
      Grenada from October  twenty-third,  nineteen  hundred  eighty-three  to
      November  twenty-first, nineteen hundred eighty-three, or in Panama from
      December   twentieth,   nineteen   hundred   eighty-nine   to    January
      thirty-first,  nineteen hundred ninety, or (iii) who served in the armed
      forces of a foreign country allied with the United States  during  world
      war  I  or  world war II, or during the period of the Korean conflict at
      any time between June twenty-seventh, nineteen hundred fifty and January
      thirty-first, nineteen hundred fifty-five, or during the period  of  the
      Vietnam  conflict  from  the  twenty-eighth  day  of  February, nineteen
      hundred  sixty-one  to  the  seventh  day  of  May,   nineteen   hundred
      seventy-five, or during the period of the Persian Gulf conflict from the
      second  day  of  August,  nineteen  hundred  ninety  to  the end of such
      conflict, or who served on active duty in the army  or  navy  or  marine
      corps  or  air  force  or  coast guard of the United States, and who was
      honorably discharged or separated  from  such  service  under  honorable
      conditions, except where such action would endanger the public safety or
      the  safety  or health of persons cared for by the state, in which event
      such persons shall be entitled to leave of absence with pay  on  another
      day in lieu thereof. All such persons who are compensated on a per diem,
      hourly,  semi-monthly  or  monthly  basis,  with or without maintenance,
      shall also be entitled to leave of absence with pay under the provisions
      of this section and no deduction  in  vacation  allowance  or  budgetary
      allowable  number  of  working  days  shall  be  made in lieu thereof. A
      refusal to give such leave of absence to one entitled thereto  shall  be
      neglect of duty.