N.Y. GMU. LAW § 200-c : NY Code - Section 200-C: Leaves of absence for volunteer firemen entering the armed forces of the United States on or after July first, nineteen hundred sixty-six

Search N.Y. GMU. LAW § 200-c : NY Code - Section 200-C: Leaves of absence for volunteer firemen entering the armed forces of the United States on or after July first, nineteen hundred sixty-six

1. When, on or after July first, nineteen hundred sixty-six,  a volunteer firefighter in good standing in the fire company of which he
  is a member enters upon active duty in the armed forces  of  the  United
  States  (1)  during  any  war  between  the  United States and any other
  nation, or (2) during the period beginning with the commencement of  the
  military  and  naval preparedness in the year nineteen hundred forty and
  ending July first, nineteen hundred seventy-five, he shall be deemed  to
  be  on  leave of absence from such fire company during such active duty,
  provided, however, that the fire  company,  or  the  authorities  having
  control  of  the  fire company with the concurrence of the fire company,
  may terminate his  membership,  by  reason  of  his  continued  military
  service,  at any time after such a leave of absence shall have continued
  for five years, and termination  for  such  cause  shall  constitute  an
  honorable  discharge  from  the  fire company, and provided further that
  during such active duty  his  membership  in  such  fire  company  shall
  terminate  as  provided by law when by reason of his voluntary change of
  residence he shall no longer meet the residence requirements for members
  of  such  fire  company.  Any  certificate  issued  to  such   volunteer
  firefighter as provided in section two hundred two of this article shall
  credit  him  with  the  period  of any such leave of absence in the same
  manner as if he had served during such period as a member  of  his  fire
  company  or  department  and  had  rendered  service  in all respects as
  specified in section two hundred of this article. The period of any such
  leave of absence shall be included in determining the period of  service
  necessary  to qualify him as an exempt volunteer firefighter pursuant to
  section two hundred of this article. During the period of any such leave
  of absence such volunteer firefighter shall not perform any services  or
  duties  as  a  volunteer  firefighter  except  for  services  and duties
  performed pursuant to subdivision one-a of this section.
    1-a. A volunteer firefighter on leave of  absence,  pursuant  to  this
  section,  may  perform  services  and  duties as a volunteer firefighter
  during any period in which the armed forces of the United States  grants
  the  volunteer  firefighter  a  temporary  leave  from military service,
  provided that such services  and  duties  would  not  violate  any  law,
  regulation, rule or order of the United States or of the armed forces of
  the  United States. This subdivision shall not be construed to require a
  volunteer firefighter on such temporary leave to  perform  services  and
  duties  as  a  volunteer  firefighter  during  any  temporary leave from
  military service.
    2. During the period of any such leave of absence the fire company may
  elect to membership another person meeting the  membership  requirements
  of  the  fire company to take the place of the volunteer fireman on such
  active duty. Any person so elected  to  membership  may  continue  as  a
  member  of  the  fire company even though the person whose place he took
  may have resumed his duties as a volunteer member of such fire  company,
  unless  his  membership shall terminate as provided by law when he shall
  no longer meet the residence  requirements  for  members  of  such  fire
  company.