Effective on 9/27/2024, a new NYS law, A3710, extends employment protections to all active duty members of the national guard.
The law's justification explains the need for the law, as follows: "The Uniformed Services Employment and Reemployment Rights Act does not apply when a National Guard member is called up by the governor to serve state active duty to respond to state emergencies such as fires, hurricanes, tornadoes, and floods."
Under the law, service
members are guaranteed re-employment in the same position or a position of similar
prestige and pay, unless it is impossible or unreasonable for the employer to offer
this.
Active
duty national guard members called into service by NYS or another state must apply
for re-employment within 90 days after being relieved from such service.
The law provides for compensation of lost wages and benefits if an employer breaches the law.
