Policy

Military Spouse Leave Policy – New York


In accordance with New York Labor Law § 202-i and the terms of this Policy, New York University (“University”) will provide unpaid leave for employees who are military spouses.  As set forth below, this Policy lays out the parameters for leave eligibility and entitlement, the process for taking leave, and other rules governing the use of such leave.

Coverage

Subject to the terms and conditions set forth below, an employee covered under this policy includes any University employee who works for the University in New York for an average of twenty (20) or more hours per week (hereinafter, “eligible employee”).

Definitions

“Period of military conflict” means a period of war declared by the United States Congress, or in which a member of a reserve component of the armed forces is ordered to active duty pursuant to applicable law.

Leave Entitlement

An eligible employee who is the spouse (including same-sex spouses) or registered domestic partner of a member of the armed forces of the United States, National Guard, or reserves who has been deployed during a period of military conflict to combat theater or combat zone of operations, shall be allowed up to ten (10) days of unpaid leave per deployment.  Leave can be taken continuously or intermittently in days. 

Such leave shall be used only when the employee’s spouse or domestic partner is on leave from the armed forces of the United States, National Guard, or reserves while deployed during a period of military conflict to combat theater or combat zone of operations. 

Anti-Retaliation

Retaliation against an employee for requesting or obtaining such leave is prohibited.

Other Laws & University Policies

This leave does not affect or prevent the granting of any leave for military spouses afforded by the federal Family and Medical Leave Act (FMLA) or under any other applicable law or University policy, and may run concurrently.

An employee also may elect to use any applicable paid leave for which he or she is eligible under University policy for the purpose of taking military spouse leave, and such paid leave will run concurrently with the leave afforded under this Policy.


Notes
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  1. Dates of official enactment and amendments: Not Available
  2. History: N/A
  3. Cross References: N/A