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.

In the wake of Hurricane Ian we are all thinking of the people of Florida and the Carolinas. However, what about the workers who are going to save lives and communities in the wake of the storm? What happens to them when they leave their jobs and do what is necessary in the blink of an eye. Are they sacrificing their continued employment by just leaving?

On September 29, 2022, President Biden signed the CREW Act into law to protect these important workers. Now, these workers who give notice of absence from a position of employment are considered to be engaging in a "military necessity" and these FEMA workers are now entitled to reemployment rights and benefits. 

This is good law.