200-C - Leaves of absence for volunteer firemen entering the armed forces of the United States on or after July first, nineteen hundred sixty-six.
§ 200-c. Leaves of absence for volunteer firemen 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 fireman 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 took may have resumed his duties as a volunteer member of such fire company, unless his membership shall terminate as provided by law when he shall no longer meet the residence requirements for members of such fire company.