N.Y. Gen. Mun. Law § 200-c

§ 200-c. Leaves of absence for volunteer firefighters entering the\narmed forces of the United States on or after July first, nineteen\nhundred sixty-six. 1. When, on or after July first, nineteen hundred\nsixty-six, a volunteer firefighter in good standing in the fire company\nof which he is a member enters upon active duty in the armed forces of\nthe United States (1) during any war between the United States and any\nother nation, or (2) during the period beginning with the commencement\nof the military and naval preparedness in the year nineteen hundred\nforty and ending July first, nineteen hundred seventy-five, he shall be\ndeemed to be on leave of absence from such fire company during such\nactive duty, provided, however, that the fire company, or the\nauthorities having control of the fire company with the concurrence of\nthe fire company, may terminate his membership, by reason of his\ncontinued military service, at any time after such a leave of absence\nshall have continued for five years, and termination for such cause\nshall constitute an honorable discharge from the fire company, and\nprovided further that during such active duty his membership in such\nfire company shall terminate as provided by law when by reason of his\nvoluntary change of residence he shall no longer meet the residence\nrequirements for members of such fire company. Any certificate issued to\nsuch volunteer firefighter as provided in section two hundred two of\nthis article shall credit him with the period of any such leave of\nabsence in the same manner as if he had served during such period as a\nmember of his fire company or department and had rendered service in all\nrespects as specified in section two hundred of this article. The period\nof any such leave of absence shall be included in determining the period\nof service necessary to qualify him as an exempt volunteer firefighter\npursuant to section two hundred of this article. During the period of\nany such leave of absence such volunteer firefighter shall not perform\nany services or duties as a volunteer firefighter except for services\nand duties performed pursuant to subdivision one-a of this section.\n 1-a. A volunteer firefighter on leave of absence, pursuant to this\nsection, may perform services and duties as a volunteer firefighter\nduring any period in which the armed forces of the United States grants\nthe volunteer firefighter a temporary leave from military service,\nprovided that such services and duties would not violate any law,\nregulation, rule or order of the United States or of the armed forces of\nthe United States. This subdivision shall not be construed to require a\nvolunteer firefighter on such temporary leave to perform services and\nduties as a volunteer firefighter during any temporary leave from\nmilitary service.\n 2. During the period of any such leave of absence the fire company may\nelect to membership another person meeting the membership requirements\nof the fire company to take the place of the volunteer firefighter on\nsuch active duty. Any person so elected to membership may continue as a\nmember of the fire company even though the person whose place he or she\ntook may have resumed his or her duties as a volunteer member of such\nfire company, unless his or her membership shall terminate as provided\nby law when he or she shall no longer meet the residence requirements\nfor members of such fire company.\n