New York Military Code § 242

Rights of public officers and employees absent on military duty as members of the organized militia or of reserve forces or reserve compo...
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§ 242. Rights of public officers and employees absent on military duty\nas members of the organized militia or of reserve forces or reserve\ncomponents of the armed forces of the United States. 1. Definitions. (a)\nPublic officer or employee. The term "public officer or employee", as\nused in this section, shall include every person, by whatsoever title,\ndescription or designation known, who receives any pay, salary or\ncompensation of any kind from the state or a municipal corporation or\nany other political subdivision thereof, or who is in any department of\nthe state or in the service of any public authority, but shall not\ninclude a person holding a position in the exempt class of the civil\nservice whose appointment is terminated or whose position is filled by\nother than a substitute appointee.\n  (b) Ordered military duty. The term "ordered military duty", as used\nin this section, shall mean:\n  Any military duty performed in the service of the state or of the\nUnited States, including but not limited to attendance at any service\nschool or schools conducted by the armed forces of the United States, by\na public officer or employee as a member of any force of the organized\nmilitia or of any reserve force or reserve component of the armed forces\nof the United States, pursuant to orders issued by competent state or\nfederal authority, with or without the consent of such public officer or\nemployee. Participation in routine reserve officer training corps\ntraining is not considered to be military duty except when performing\nadvanced training duty as a member of a reserve component of the armed\nforces.\n  2. Leave of absence while engaged in performance of ordered military\nduty. Every public officer or employee shall be entitled to absent\nhimself and shall be deemed to have a leave of absence from his duties\nor service as such public officer or employee while engaged in the\nperformance of ordered military duty and while going to and returning\nfrom such duty.\n  3. Leave of absence while attending service schools. Every public\nofficer or employee who is or becomes a voluntary member of any force of\nthe organized militia or of any reserve force or reserve component of\nthe armed forces of the United States shall be entitled to absent\nhimself and shall be deemed to have a leave of absence from his duties\nor service as such public officer or employee while in attendance, as a\nmember of such force or reserve components, at any service school or\nschools conducted by the armed forces of the United States, and while\ngoing to and returning from such school or schools, notwithstanding that\norders for such attendance are or may be issued with the consent of such\npublic officer or employee.\n  3-a. Leave of absence while performing full-time training duty or\nactive duty for training with or in an armed force of the United States.\nEvery public officer or employee who is or becomes a member of any force\nof the organized militia or of any reserve force or reserve component of\nthe armed forces of the United States shall be entitled to absent\nhimself and shall be deemed to have a leave of absence from his duties\nor service as such public officer or employee while performing, as a\nmember of such force or reserve component, initial full-time training\nduty or initial active duty for training with or in an armed force of\nthe United States under the provisions of this chapter or the laws of\nthe United States or both, and while going to and returning from such\nfull-time training duty or active duty for training, notwithstanding\nthat orders for such duty are or may be issued with the consent of such\npublic officer or employee.\n  4. Employment rights. Time during which a public officer or employee\nis absent pursuant to the provisions of subdivisions two, three and\nthree-a of this section shall not constitute an interruption of\ncontinuous employment and, notwithstanding the provisions of any\ngeneral, special or

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