Prohibits public employers from abolishing positions occupied by public employees absent on military duty unless a similar position is created and the employee appointed thereto.
Sponsor: Castelli / Multi-sponsor(s): Calhoun, Crouch, Giglio, Hawley, McKevitt, Miller J, Murray, Reilich / Co-sponsor(s): Burling, Rivera N, Stevenson, Katz, McDonough, McLaughlin
Law Section: Military Law / Law: Add S243, Mil L
Sponsor: Castelli / Multi-sponsor(s): Calhoun, Crouch, Giglio, Hawley, McKevitt, Miller J, Murray, Reilich / Co-sponsor(s): Burling, Rivera N, Stevenson, Katz, McDonough, McLaughlin
Law Section: Military Law / Law: Add S243, Mil L
A1428-2011 Actions
- Jul 20, 2011: signed chap.152
- Jul 8, 2011: delivered to governor
- Jun 23, 2011: RETURNED TO ASSEMBLY
- Jun 23, 2011: PASSED SENATE
- Jun 23, 2011: 3RD READING CAL.1107
- Jun 23, 2011: SUBSTITUTED FOR S4583A
- Jun 21, 2011: REFERRED TO RULES
- Jun 21, 2011: delivered to senate
- Jun 21, 2011: passed assembly
- May 24, 2011: amended on third reading 1428b
- Apr 7, 2011: advanced to third reading cal.177
- Apr 5, 2011: reported
- Mar 30, 2011: print number 1428a
- Mar 30, 2011: amend (t) and recommit to governmental employees
- Jan 7, 2011: referred to governmental employees
A1428-2011 Votes
VOTE: FLOOR VOTE:
- Jun 23, 2011
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
A1428-2011 Text
S T A T E O F N E W Y O R K
1428 2011-2012 Regular Sessions I N ASSEMBLY January 7, 2011
Introduced by M. of A. CASTELLI -- read once and referred to the Commit tee on Governmental Employees AN ACT to amend the military law, in relation to prohibiting public employers from abolishing positions occupied by public employees absent on military duty
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1.
Section 243 of the military law is amended by adding a new subdivision 11-a to read as follows:
11-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ELEVEN OF THIS SECTION OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO PUBLIC EMPLOY ER SHALL ABOLISH A POSITION OCCUPIED BY A PUBLIC EMPLOYEE ENGAGED IN THE PERFORMANCE OF MILITARY DUTY UNLESS THE PUBLIC EMPLOYER CREATES ANOTHER POSITION FOR THE PERFORMANCE OF DUTIES SIMILAR TO THOSE PERFORMED IN THE POSITION ABOLISHED AND APPOINTS THE PUBLIC EMPLOYEE UPON TERMINATION OF HIS OR HER MILITARY DUTY TO THE POSITION THUS CREATED WITHOUT REDUCTION IN SALARY OR INCREMENT.
S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05550-01-1
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