S 5441 New York Senate · 2023 Regular Session

Provides employment protections during the performance of state active duty by members of the national guard

This bill clarifies and updates state laws to protect the jobs of National Guard members while they perform state active duty. It ensures that employers must restore these service members to their previous positions or equivalent roles with the same seniority, status, and pay upon their return, provided they meet specific eligibility criteria. The legislation also sets clear deadlines for applying for reemployment and outlines legal recourse, including court orders and potential wage compensation, if an employer fails to comply. Additionally, it defines "military service" to explicitly include state active duty orders issued by the governor, thereby broadening the scope of protections for National Guard personnel.
Bill status died 3 of 5 stages cleared
Introduction
Mar 2023
Committee Review
Jan 2024
Senate Passage
May 2023
Assembly Passage
Governor
Introduced Mar 6, 2023 Last action May 28, 2024
Floor votes · Senate May 15, 2023

How they voted

59–1
Passed · 3 other
Total votes 63
May 15, 2023
D Democratic42
39 Yea 3
92% Yea
R Republican21
20 Yea 1 Nay
95% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
14
Key actions
1
Committee
3
Jan 3, 2024
Committee
REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
upper
May 15, 2023
Committee
REFERRED TO GOVERNMENTAL OPERATIONS
lower
May 15, 2023
Upper · Passed
PASSED SENATE
upper
Mar 6, 2023
Committee
REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
upper
1 primary · 4 co-sponsors

Sponsors