New York Laws
Article 10 - Firefighters and Police Officers
200-C - Leaves of Absence for Volunteer Firefighters Entering the Armed Forces of the United States on or After July First, Nineteen Hundred Sixty-Six.

§ 200-c. Leaves of absence for volunteer firefighters 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 firefighter 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 or she
took may have resumed his or her duties as a volunteer member of such
fire company, unless his or her membership shall terminate as provided
by law when he or she shall no longer meet the residence requirements
for members of such fire company.

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