Advisory Memorandum No. 2002-05

Section 21.12 Leaves Required by Law or Negotiated Agreement - December 2002

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TO: Manual Holders
FROM: William E. Doyle
SUBJECT: Extension of Military Leave Benefits Related to the Events of September 11, 2001 through December 31, 2003

The Attendance Rules for Employees in New York State Departments and Institutions are being amended to extend through December 31, 2003 the special military leave benefits (Supplemental Military Leave at full pay, Military Leave at Reduced Pay and Training Leave at Reduced Pay) granted in connection with the events of September 11, 2001. Previously these benefits were due to expire on December 31, 2002. The amendments to the Attendance Rules are consistent with Memoranda of Understanding between the State and CSEA, PEF, DC-37, Council 82, and NYSCOPBA.

Agencies should read this memo in conjunction with the following:

Memo	Date	Subject
Advisory Memo 2001-06	September 25, 2001	Special Military Leave
Advisory Memo 2002-01	March 20, 2002	Frequently Asked Questions about Special Military Leave
Advisory Memo 2002-03	May 2, 2002	Training Leave at Reduced Pay and Extension of Special Military Leave
Advisory Memo 2002-04	September 2, 2002	Impact on Overtime Compensation of Placement on Training Leave at Reduced Pay

SUPPLEMENTAL MILITARY LEAVE WITH PAY
Supplemental Military Leave is leave at full pay for duty related to the events of September 11, 2001. Covered employees are eligible for a total of 30 calendar days or 22 workdays (whichever provides the greater benefit to the employee) of Supplemental Military Leave at full pay upon exhaustion of their military leave with pay entitlement under Section 242 of the New York State Military Law. The earliest date for which Supplemental Military Leave at full pay could be granted is September 11, 2001 to employees who had previously exhausted their entitlement to paid military leave under the New York State Military Law. Employees shall continue to be eligible to receive Supplemental Military Leave at full pay through December 31, 2003. Regardless of the number of times an employee is activated...

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...between September 11, 2001 and December 31, 2003, an employee will be entitled to no more than one grant of Supplemental Military Leave at full pay. During periods of Supplemental Military Leave at full pay, the employee receives the same attendance and leave benefits as an employee on military leave with pay under the New York State Military Law.

MILITARY LEAVE AT REDUCED PAY
Following exhaustion of military leave with pay under Section 242 of the Military Law and Supplemental Military Leave at full pay under the Attendance Rules, employees are deemed to be on Military Leave at Reduced Pay for military duty related to the events of September 11, 2001. If eligible, employees may request use of available leave credits, other than sick leave, subject to the prior approval of the appointing authority to use before being placed on Military Leave at Reduced Pay. This includes employees who are eligible but do not in fact receive any income supplement from the State because their military income equals or exceeds their State salary.

Employees shall continue to be eligible to receive Military Leave at Reduced Pay
through December 31, 2003.

TRAINING LEAVE AT REDUCED PAY
During calendar year 2003 employees may use up to 30 calendar days or 22 workdays
of Training Leave at Reduced Pay for any required military duty (including mandatory
weekend and summer training or other activation) that is not related to the events of September 11, 2001.

Employees are eligible for Training Leave at Reduced Pay following:
(1) Any active military service in calendar year 2003 that is related to the events of September 11, 2001; and
(2) Exhaustion of their calendar year 2003 Military Leave entitlement under Section 242 of the New York State Military Law and any leave credits (other than sick leave) that they
elect to use.

CALCULATION OF MILITARY LEAVE AT REDUCED PAY AND TRAINING
LEAVE AT REDUCED PAY
Military Leave at Reduced Pay and Training Leave at Reduced Pay used in calendar year
2003 will be calculated in the following manner:

1. For employees who utilized Military Leave at Reduced Pay or Training Leave at Reduced Pay prior to calendar year 2003, the rate of reduced pay for either leave category at any point in 2003 shall be calculated as follows:

a. Those on Training Leave at Reduced Pay or Military Leave at Reduced Pay on January 1, 2003 shall have the calculation of reduced pay for either leave category based on State salary (base pay plus location pay...

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...plus geographic differential) as of January 1, 2003 reduced by the military pay rate used in calculating the most recent period in either reduced pay status prior to 2003.

b. For those whose first use of either reduced pay category in 2003 begins after January 1, the rate of reduced pay shall be based on State salary (base pay plus location pay plus geographic differential) as of the last day in full pay status prior to first use of Military Leave at Reduced Pay or Training Leave at Reduced Pay in 2003 reduced by the military pay rate used in calculating the most recent period in either reduced pay status prior to 2003.

2. For employees who have not utilized Military Leave at Reduced Pay or Training Leave at Reduced Pay prior to calendar year 2003, the rate of reduced pay for either leave category at any point in 2003 shall be calculated as follows:

The rate of reduced pay shall be based on State salary (base pay plus location pay plus geographic differential) as of the last day in full pay status prior to first use of Military Leave at Reduced Pay or Training Leave at Reduced Pay reduced by military pay (defined as base pay plus housing and food allowances) as of the first day in Military Leave at Reduced Pay or Training Leave at Reduced Pay status.

3. For all employees covered by sections (1) and (2) above, the rate of reduced pay calculated for the first use of Military Leave at Reduced Pay or Training Leave at Reduced Pay in 2003 shall be used for any subsequent period of leave under either category in 2003.

IMPACT ON LEAVE ACCRUALS FOR EMPLOYEES ON MILTARY LEAVE AT REDUCED PAY OR TRAINING LEAVE AT REDUCED PAY

Biweekly Vacation and Sick Leave Credits
Employees on Military Leave at Reduced Pay or Training Leave at Reduced Pay are not eligible to earn biweekly vacation and sick leave credits for any pay period in which they are not in full pay status for at least seven out of ten days (or a proportionate number of days for employees with work schedules of less than 10 days in a biweekly payroll period). However, any balances standing to the employee's credit at the time that Military Leave at Reduced Pay or Training Leave at Reduced Pay began are restored upon the employee's return from leave except for credits that otherwise would have expired.

Holidays
Employees on Military Leave at Reduced Pay or Training Leave at Reduced Pay do not receive credit for holidays, including floating holidays, that fall during a period of reduced pay.

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Unused holiday leave credits earned prior to the period of Military Leave at Reduced Pay or Training Leave at Reduced Pay will be restored upon the employee's return from leave except for credits that otherwise would have lapsed.

When calculating entitlement to Training Leave at Reduced Pay or Military Leave at Reduced Pay, a holiday that falls during a period of Training Leave at Reduced Pay or Military Leave at Reduced Pay is counted as a calendar day but not as a workday of entitlement used. A floating holiday is counted as both a calendar day and a workday.

Personal Leave Anniversary Date
If the employee's personal leave anniversary date falls during a period of Military Leave at Reduced Pay or Training Leave at Reduced Pay, the employee is granted his/her personal leave days and the anniversary date does not change. Unused personal leave standing to the employee's credit at the time the period of Military Leave at Reduced Pay began will be restored to the employee upon return from leave, except for credits that otherwise would have lapsed.

Vacation Anniversary Date
If the employee's vacation anniversary date falls during a period of Military Leave at Reduced Pay or Training Leave at Reduced Pay, the employee is granted any vacation bonus days or additional vacation days for which he/she is eligible, subject to applicable maximums, and the vacation anniversary date is not adjusted. Unused vacation standing to the employee's credit at the time the period of Military Leave at Reduced Pay began will be restored to the employee upon return from leave, except for credits that otherwise would have lapsed. (See Advisory Memorandum 2002-06, Extension of Emergency Vacation, dated December 2002).

Income Protection Plan Sick Leave Grant Date
If the employee's Income Protection Plan sick leave grant date falls during a period of Military Leave at Reduced Pay or Training Leave at Reduced Pay, the grant date is adjusted to the date the employee returns from leave and the employee receives his/her four-day grant on that revised date. Any sick leave standing to the employee's credit when the period of military leave at reduced pay began will be restored to the employee upon return from military duty except for credits that otherwise would have lapsed.

Lump Sum Payment
Lump sum payment for accrued and unused vacation and overtime compensatory leave credits pursuant to sections 23.2 and 30.2 of the Attendance Rules cannot be processed until the end of the period of military leave with pay, including periods of Military Leave at Reduced Pay and Training Leave at Reduced Pay. (Under the Attendance Rules, employees absent for training purposes are ineligible for a lump sum payment regardless of their pay status.)

Questions about this information should be directed to the Attendance and Leave Unit of this Department at (518) 457-2295.

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