SUNY University-Wide Human Resources
Manual
Attendance and Leave - Military Leave (from Benefits Tool Kit - NYS Personnel
Council)
date last updated:
Monday, June 7, 2004
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"The information contained in this tool kit does not represent Civil
Service policy or opinioin, or is it the final authoritative source of
information on Military Leave. The information contained within this tool
kit is for informational purposes only. It is the Council's [NYS Personnel
Council] compiliation of "best practices" information that your
colleagues in the field use/consider when dealing with issues related
to Military Leave.
If after reading this tool kit you have additional questions on Military
Leave issues, please contact or refer to the individuals, documents or
other sources listed on the "Handy References" sheet of the
tool kit. It is important to remember that the information contained in
this document is based on the collective experience and knowledge of the
Benefits Sub-Committee members. It is not intended to suggest [official]
policy." [NYS Personnel Council]
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Volume 1 - autumn 2003 (as amended April 2004)
MILITARY LEAVE
Military Leave seems to be one of the more complex benefits administered by
Personnel offices. That is why the Benefits Sub-committee has decided to include
it in our Benefits Tool Kit this season. It was a challenge. There are many
sources of information: Civil Service, GOER, OSC, State Law, and Federal Law.
Luckily, as administrators of State benefits, we have the Time and Attendance
Unit of the Department of Civil Service to look to for answers. If you cannot
find an answer to your question by reviewing the material below and the noted
reference material, contact the experts at Civil Service at 457-2295. If they
do not know the answer, they will research your question and find the correct
answer. Between all of us, we will ensure these men and women are granted every
benefit they are entitled to and that they deserve.
- Under Section 242 of New York State Military Law, National Guard and reservists
are entitled to military leave with pay for up to 30 calendar days or 22 workdays
(whichever is greater) for ordered military duty in a calendar year or continuous
period of absence that spans more than one calendar year.
- An employee on military leave with pay earns and accrues leave credits in
accordance with the Attendance Rules and is otherwise treated as an employee
in full pay status.
| Tip: When counting calendar days, begin counting on the first day of the
employee's regular work schedule. You must count holidays that begin after
this date. When counting workdays, also begin counting on the first
day of the employee's regular work schedule. Do not count pass days or holidays
as workdays, they must be counted as calendar days. Do not include pre-approved
vacation days. Any pre-approved vacation would be automatically canceled
if military orders are issued. Floating holidays, in contrast to regular
holidays, count as both calendar days and workdays. |
SUPPLEMENTAL MILITARY LEAVE WITH FULL PAY
- Provides an additional 30 calendar days or 22 workdays of paid leave for
military service related to the events of September 11, 2001.
- It is used after Regular Military Leave with Pay is exhausted.
- There is one grant of supplemental military leave allowed between September
11, 2001 and December 31, 2004.
- The employee receives the same attendance and leave benefits, if eligible,
as an employee on military leave with pay.
MILITARY LEAVE WITH REDUCED PAY (MILITARY STIPEND)
- Employees who are called to active duty (not including training unless it
is related to the war on terror) on or after September 11, 2001, in connection
with the events of September 11, 2001 and the war on terror, and who have
exhausted military leave with pay under the Military Law, supplemental military
leave with pay and any leave accruals that the employee elected to use, are
deemed to be on military leave at reduced pay without charge to leave credits.
| Tip: Operation Deep Freeze, an operation which assigns military personnel
to the South Pole, is active duty but obviously not related to the war on
terror. |
- Employees on military leave at reduced pay will be paid their basic annual
State salary at the time of being activated, plus location pay and geographic
differential, reduced by the amount of military base pay, plus allowances
for food and shelter. Employees who are not eligible for the stipend are still
considered to be in reduced pay status.
- Employees are not eligible to be credited with bi-weekly leave accruals,
but are credited with vacation bonus days and personal leave days on their
anniversary.
MILITARY LEAVE WITHOUT PAY
- Please note: At this time, and continuing through December 31, 2004 (please
see GOER 12/1/03 memo), employees on active military leave or training associated
with the war on terror for reasons other than routine training are deemed
to be on Military Leave with Reduced Pay, and they should not
be placed on Military Leave Without Pay. If you believe you have an employee
who should be placed on Military Leave without Pay, you should contact the
Attendance and Leave Unit at Civil Service at (518) 457-2295.
- See Section 23.2 of the Attendance and Leave Manual that talks about payment
for accruals upon entry into Armed Forces for employees on Military Leave
Without Pay.
- See Attendance and Leave Manual Policy Bulletin No. 98-01 dated July 6,
1998 that talks about amendments to the Attendance Rules. These amendments
provide additional paid leave for certain temporary military duty for overtime
ineligible employees who have exhausted paid leave under Section 242. Please
contact the Department of Civil Service, Attendance & Leave Unit at (518)
457-2295 prior to determining an employee's eligibility for this benefit.
Employees deemed to be on military leave at reduced pay are not eligible for
this benefit.
MILITARY LEAVE FOR TRAINING AT REDUCED PAY
- Provides a maximum of 30 calendar days or 22 workdays of training leave
at reduced pay for leave that is not related to the events of September 11,
2001.
- During calendar year 2003, employees are eligible for this leave following
any active military service in calendar year 2003 that is related to the events
of September 11, 2001; and exhaustion of the calendar year 2003 Military Leave
entitlement under Section 242 of the NYS Military Law and any leave credits
(other than sick) that they elect to use.
- This leave benefits has been extended through December 31, 2004, per GOER
memo dated July 8, 2003, however no additional information is available at
this time.
EMPLOYEES ON ELIGIBLE LISTS
- Since failing to reply to a canvass will have the person's name removed,
it may be advisable to request inactive status. Employees thereafter can request
to have their name reactivated on any existing eligible list.
- Employees on military leave pursuant to S.242 of the Military Law (Reservists)
are not eligible for special military list status if their score is reached
for appointment while on leave.
EXAMINATIONS
- Time spent on military leave pursuant to S. 242 is creditable as time served
in a position for purposes of qualifying for admission to future promotion
examinations.
- Employees who have already filed for examinations but are unable to take
the examinations on the scheduled date because of military leave must notify
Civil Service that they wish an alternate test date. Upon return from leave,
employees must again contact Civil Service in order to have the alternate
date scheduled. Requests must be made within 60 days of the employee's reinstatement
from military leave.
- Employees absent on military leave pursuant to S. 242 may upon their return
request that they be allowed to take examinations held while they were on
military leave for which they would have been qualified. Candidates who pass
will have their names added to existing lists in score order.
MILITARY LEAVE AND HEALTH INSURANCE BENEFITS
- Employees on Military Leave at Full Pay or Supplemental Military Leave with
Full Pay will continue to have health deductions taken from their bi-weekly
payroll check.
- Employees on Military Leave at Reduced Pay need not continue individual
NYSHIP coverage because the federal government provides coverage for those
on active duty.
- Covered dependents will be eligible to continue health insurance with no
employee contribution, through 12/31/04. Benefit Administrators must communicate
with the Employee Benefits Division of Civil Service to be sure EBD is aware
of this situation. Failure to update the comment panel in NYBEAS as instructed
in memo NY01-44 from EBD dated September 28, 2001, will result in a bill being
sent to the enrollee in error.
- HBAs should notify their union benefit administrators of the date an employee
is placed on military leave at reduced pay. Dependents may be eligible for
the continuation of ancillary benefits without cost.
RETIREMENT
- The Employees Retirement System does not notify employees if there is a
period for which no retirement contributions have been taken. The employee
should contact ERS upon his return to determine whether he needs to make a
claim for service.
- NEW! Members of the New York State Employees' Retirement System with outstanding
Retirement System loans who have served on active duty as of July 1, 2003,
who are currently serving in the military or will be called to active service
through June 30, 2004 may defer repayment on loans. Members who choose to
defer payment will not have their loans defaulted. However, IRS regulations
require the continuous accrual of interest on the loan balance while members
are in active duty. ERS members may also be eligible to have their loan interest
rate reduced from seven percent to six percent while on military leave. Upon
reemployment the period of time to repay the loans will be extended by the
length of time the member has been absent on military leave. Additional information
on the Patriot loan program may be obtained by contacting the Employees' Retirement
System Call Center toll-free at 1-886-805-0990 or (518) 474-7736 in the Albany
area.
MILITARY LEAVE AND PROBATIONARY PERIODS
- Time spent on military duty as defined in §242 of the Military Law
is treated the same as any other authorized or unauthorized absence if the
agency has established fixed objective performance standards for satisfying
the probation, and has a program of periodic review of each probationer against
fixed objective standards. If not, the time must be credited as completed
satisfactory service for purposes of probation.
- Time spent on military duty as defined in §243 of the Military Law
must be credited as completed satisfactory service for purposes of probation
RETURN TO PAYROLL
- The agency needs to notify the Office of the State Comptroller when an employee
returns from Military Leave at Reduced Pay or Training Leave at Reduced pay.
OSC must update the employee's pay basis code (from biweekly to annual) and
earn program. Once OSC updates those components, the agency can enter the
return leave transaction in PayServ.
HANDY REFERENCES
Attendance & Leave Manual Section 21.12, Leaves Required by Law
- 09/25/2001, Advisory Memo 2001-06 regarding Military Leave Benefits
- 03/20/2002, Advisory Memo 2002-01 Frequently Asked Questions about Special
Military Leave
- 05/2002, Advisory Memo 2002-03 regarding Training Leave at Reduced and Extension
of Special Military
- 09/02/2002, Advisory Memo 2002-04 regarding the impact of overtime compensation
of placement on Training Leave at Reduced Pay
- 12/2002, Advisory Memo 2002-05 regarding the extension of Military Leave
benefits related to the events of 09/11.
Attendance & Leave Manual Section 21.2, Vacation
- 12/2002 Advisory Memo 2002-06 Regarding Emergency Vacation
Attendance & Leave Manual Section 21.9 & 21.12
- 07/06/1998 Appendix A regarding amendments to the Attendance Rules for employees
in NYS Departments and Institutions, specifically overtime ineligible employees.
- 04/2004 Advisory Memo 2004-01 Clarification of Special Military Leave Benefits
Attendance & Leave Manual Section 23.2, Payment of Accrued Leave Upon
Entry into Armed Forces
Broadcast Messages via NYBEAS regarding Health Insurance Benefits While
on Military Leave dated: 08/12/02, 02/03/03
Various GOER Memos
- 11/26/2001 Military Orders related to 09/11/01
- 12/05/2001 Military orders in connection with 09/11 and the Leave and Earnings
Statements
- 05/01/2002 New Military Leave Category (Training leave at reduced pay) and Extension
of Existing Military Leave Benefits
- 07/08/2003 GOER memo regarding the extension of Military Leave benefits and
related health insurance benefits through 12/31/04
- 12/01/2003 GOER memo regarding special military leave benefits (clarification
of orders)
On-line State Personnel Management Manual (SPMM)
- Located in the Division of Staffing Services section of the Department of
Civil Service's web-site. Do a search on "Military Leave".
- 09/28/2001 General Information Bulletin No. 01-04 regarding Special Military
Benefits for State employees Activated in Connection with the Events of September
11th
Office of the State Comptroller, Payroll Bulletins
- 10/23/01 Payroll Bulletin # 276 regarding the Payment of Military Stipend
for Events related to September 11th.