200-b. Leaves of absence for volunteer firemen entering the armed forces of the United States prior to July first, nineteen hundred sixty-six. 1. When, prior to July first, nineteen hundred sixty-six, a volunteer firefighter in good standing in the fire company or department 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 continuing on July first, nineteen hundred sixty-six, and by reason of such active duty is prevented from actually performing duty as a volunteer firefighter in his fire company or department, he shall be given a leave of absence from said company or department for a period which, when added to his period of service as a volunteer firefighter, shall not exceed five years. The fire company or department, however, may grant a volunteer firefighter on such active duty a leave of absence for a period longer than the mandatory period above specified. Any certificate issued to the 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 or department may enroll another person as a member to take the place of the volunteer fireman on such active duty. Any person so enrolled may continue as a member of the company or department until he shall have served the time necessary to qualify him as an exempt volunteer fireman, even though the person whose place he took may have resumed his duties as a volunteer fireman.
Last modified: February 3, 2019