Department of Civil Service

NEW YORK STATE DEPARTMENT OF CIVIL SERVICE
ATTENDANCE AND LEAVE MANUAL
ADVISORY MEMORANDUM NO. 01-06
Section 21.12
September 25, 2001

TO: Manual Holders
FROM: George C. Sinnott
SUBJECT: Special Military Leave for Employees Activated in Connection with the Events of September 11, 2001

The Attendance Rules for Employees in New York State Departments and Institutions are being amended under emergency rulemaking authority to provide special military leave benefits for non-managerial/confidential and managerial/confidential employees, respectively, who are federally ordered or ordered by Governor Pataki to active military duty related to the events of September 11, 2001. The benefits are available during the period from September 11, 2001-September 10, 2002. These amendments are consistent with Memoranda of Understanding between the State and CSEA, PEF, DC-37, Council 82, NYSCOPBA, UUP, GSEU, PBA, and NYSPIA.

MILITARY LEAVE WITH PAY (Section 242, New York State Military Law)

Under section 242 of the New York State Military Law, reservists and National Guard members are eligible for paid leave while performing ordered military duty for 30 calendar days or 22 workdays (whichever provides the greater benefit to the employee) in any calendar year or continuous period of absence which spans more than one calendar year. This also applies to reservists and National Guard members holding part-time, per diem or hourly positions. Workdays are calculated based upon the employee's scheduled workdays. Agencies are required to record military leave under both the calendar day and the workday methods, until it is determined which method of calculation provides the greater benefit to the employee.

Reservists who have already used a portion of their 30 calendar day or 22 workday entitlement in 2001 are entitled to be placed on military leave with pay for the remaining portion of the 30/22 days if called to active duty this calendar year. (The employee is again entitled to 30/22 days of paid military leave in 2002 if he/she begins a new period of ordered active military duty in 2002.) However, when the period of continuous active military duty spans two calendar years (e.g. 2001-2002) the reservist who has not received 30/22 days of paid military leave in that continuous period of absence is entitled to be placed on paid military leave effective January 1, 2002 to receive the remainder of the 30/22 days of paid military leave for that continuous period of absence. That remainder is chargeable against the paid military leave allotment for 2002.

SUPPLEMENTAL MILITARY LEAVE

Eligibility

Employees subject to the Attendance Rules or the Memoranda of Understanding with CSEA, PEF, DC-37, Council 82, NYSCOPBA, UUP, GSEU, PBA or NYSPIA who have exhausted military leave with pay provided pursuant to section 242 of the New York State Military Law, and who are called to active duty (other than for training) on or after September 11, 2001, in connection with the events of September 11, 2001, are eligible for supplemental military leave. Supplemental military leave is not available to employees ordered to active military duty in connection with the events of September 11, 2001, after September 10, 2002.

Amount of Leave to be Granted

Eligible employees must be granted a total of 30 calendar days or 22 workdays (whichever provides the greater benefit to the employee) of supplemental military leave with pay upon exhaustion of their military leave with pay entitlement under Section 242 of the New York State Military Law. This supplemental military leave with pay must be granted to employees between September 11, 2001 and September 10, 2002. There is no authorization for granting supplemental military leave beyond this period and the total number of days granted may not exceed 30 calendar days or 22 workdays. The earliest date for which supplemental military leave with pay may be granted is September 11, 2001 to employees who had previously exhausted their entitlement to paid military leave under the Military Law. Employees may receive only one such grant during the period September 11, 2001 through September 10, 2002; there is no authorization for granting supplemental military leave beyond that period. During the periods of supplemental military leave with pay, the employee receives the same attendance and leave benefits, if eligible, as an employee on military leave with pay under the Military Law.

Following exhaustion of military leave with pay under Section 242 of the Military Law and supplemental military leave with pay under the Attendance Rules, employees are entitled to be placed on military leave at reduced pay. If eligible, employees may request use of 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.

Impact of Supplemental Military Leave on Accruals

An employee on military leave with pay pursuant to Military Law or on supplemental military leave with pay pursuant to the Attendance Rules or the applicable Memorandum of Understanding earns and accrues leave credits in accordance with the Attendance Rules and is otherwise treated as an employee in full pay status.

Personal Leave Anniversary Date

If an employee's personal leave anniversary date falls during a period of military leave with full pay the employee is credited with personal leave on that date.

Income Protection Plan Sick Leave Grant Date

If an employee's Income Protection Plan sick leave grant date falls during a period of military leave with full pay, the employee is credited with sick leave on that date.

Vacation Anniversary Date

If an employee's vacation anniversary date falls during a period of military leave with full pay, the employee, if eligible, receives bonus vacation days or additional vacation days on that date.

Holidays

Employees on military leave with full pay do not receive credit for holidays that occur during a period of military leave. For employees on military leave with pay, a holiday is counted as a calendar day but not as a workday of the paid military leave entitlement. Employees on military leave with full pay are, however, credited with any designated floating holidays, which fall during the period of military leave.

MILITARY LEAVE AT REDUCED PAY

Eligibility

Employees subject to the Attendance Rules or the Memoranda of Understanding with CSEA, PEF, DC-37, Council 82, NYSCOPBA, UUP, GSEU, PBA and NYSPIA who are called to active duty (other than for training) on or after September 11, 2001, in connection with the events of September 11, 2001, and who have exhausted military leave with pay under the Military Law, supplemental military leave with pay and any leave accruals which the employee elected to use, are deemed to be on military leave at reduced pay without charge to credits. 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. Military leave at reduced pay is not available to employees ordered to active military duty prior to September 11, 2001.

Employees on military leave at reduced pay will be paid their basic annual State salary as of the time of being activated, plus location pay and geographic differential, reduced by the amount of base pay, plus allowances for food and shelter, received from the United States government for their service. Military leave at reduced pay is available to eligible employees between September 11, 2001, and September 10, 2002.

Use of Leave Credits Prior to Beginning to Receive Military Leave at Reduced Pay

Reservists and National Guard members have the option of charging leave credits (other than sick leave) after they have exhausted their entitlement to military leave at full pay under both the Military Law and the supplemental military leave program and prior to going on military leave at reduced pay. Agencies should make employees aware that it may not be to their advantage in most cases (except where credits may lapse) to elect to charge leave credits prior to going on military leave at reduced pay.

Biweekly Vacation and Sick Leave Credits

Employees on military leave at reduced pay are not eligible to earn biweekly vacation and sick leave credits. However, any balances standing to the employee's credit at the time his/her military leave at reduced pay began are restored upon his/her return from leave except for credits that otherwise would have expired.

Holidays

Employees on military leave at reduced pay do not receive credit for holidays, including floating holidays that fall during a period of military leave. Holiday leave credit earned prior to the period of military leave will be restored upon the employee's return from leave except for credits that otherwise would have lapsed.

Personal Leave Anniversary Date

If the employee's personal leave anniversary date falls during this period of military leave at reduced pay, the employee is granted his/her personal leave days and the anniversary date does not change. 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. The amount of personal leave to be credited is based upon the employee's work schedule at the time the military duty commenced.

Vacation Anniversary Date

If the employee's vacation anniversary date falls during this period of military 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. 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. The amount of vacation to be credited is based on the employee's work schedule when the military leave began.

Income Protection Plan Sick Leave Grant Date

If the employee's Income Protection Plan sick leave grant date falls during this period of military 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 date 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.

Examples

The following examples illustrate how supplemental military leave and military leave at reduced pay are granted in connection with military leave pursuant to New York State Military Law. For further information on section 242 of the New York State Military Law, see section 21.12 of the Attendance and Leave Manual.

1. Employee A has used 15 calendar days of her military leave entitlement under the New York State Military Law as of June 15, 2001, and has returned to work. On September 12, 2001 she is called to active duty in connection with the events of September 11, 2001. She will first use her remaining 15 calendar days of paid leave entitlement under the Military Law for 2001, and then be granted supplemental military leave for 30 calendar days/22 workdays. Upon exhaustion of the supplemental military leave with pay, the employee requests use of her holiday and vacation leave credits. Her credits keep her in full pay status through November 15, 2001. She then is placed on military leave at reduced pay until her release from active duty on November 20, 2001. On March 1, 2002, employee A is called for yearly reserve training duty. She is entitled to 30 calendar days/22 workdays of leave with pay pursuant to section 242 of the New York State Military Law for calendar year 2002.
2. Employee B has used his entire 30 calendar days/22 workdays of military leave with pay pursuant to the Military Law for 2001 as of September 2, 2001 and has returned to work. On September 15, 2001 he is called to active duty in connection with the events of September 11, 2001. Employee B is immediately placed on supplemental military leave with pay for 30 calendar days. He elects not to use any of his accrued leave credits and is placed on military leave at reduced pay following exhaustion of his supplemental military leave with full pay. He is discharged on December 1, 2001. Employee B will be eligible for 30 calendar days/22 workdays of leave with pay pursuant to Military Law in 2002, but he has exhausted his entitlement to supplemental military leave with full pay should he be recalled to active duty in 2002 in connection with the events of September 11, 2001. He would, however, be eligible for military leave at reduced pay until September 10, 2002.
3. Employee C has used 20 calendar days of his 2001 paid leave entitlement under Military Law as of August 10, 2001, and has returned to work when he is called to active duty in connection with the events of September 11, 2001 from October 1, 2001 through March 2, 2002. He is granted his remaining 10 calendar days of paid military leave under the Military Law for 2001 and is then granted 30 calendar days of supplemental military leave with pay. Employee C requests use of 10 days of vacation following exhaustion of his supplemental military leave with pay. It is granted and he is then placed on military leave at reduced pay through December 31, 2001. On January 1, 2002, Employee C is entitled to 20 calendar days of paid military leave from his 2002 allotment under the Military Law to bring him to a total of 30 calendar days in any one continuous period of absence as provided by the Military Law. (In this example the continuous period of absence began October 1, 2001.) Employee C is then returned to military leave at reduced pay until he is released from active duty on March 2, 2002.
   On April 2, 2002 he is ordered to yearly training camp. Employee C is eligible for the remaining 10 days of his 30-day Military Law benefit for 2002 (30 days for calendar year 2002 minus 20 days used during January 2002). Special military leave benefits do not apply to duty unrelated to the events of September 11, 2001. If later recalled in connection with the events of September 11, 2001, he is not entitled
   to any supplemental military leave with full pay since he has exhausted his entitlement. However, he would be eligible for military leave at reduced pay.
4. Employee D, whose work schedule is Monday through Friday, has used her entire 30-calendar day/22 workday 2001 Military Law entitlement as of July 6, 2001.
   On October 11, 2001 she is called to active duty for two weeks in connection with the events of September 11, 2001. She is immediately granted supplemental military leave with pay for the period of her orders, October 11, 2001 through October 24, 2001. When she returns to work she has used 14 calendar days/10 workdays of her supplemental military leave entitlement.
   She receives new orders for military duty in connection with the events of September 11, 2001 for the period November 14 through November 30, 2001. She is granted the remaining 16 calendar days/12 workdays of her supplemental military leave with full pay. The calendar day entitlement ends on November 29, 2001; the workday entitlement ends on November 30, 2001 because the Thanksgiving holiday is not counted as a workday. She is placed on military leave at reduced pay on December 1, 2001.
   Should Employee D again be called to active duty in connection with the events of September 11, 2001, she will only be eligible for military leave at reduced pay since she has exhausted her supplemental military leave entitlement. If that period of ordered military duty continues into 2002, she will be eligible for her 2002 military leave with pay entitlement under the Military Law (30 calendar days/22 workdays), and to military leave at reduced pay through September 10, 2002, but has no further entitlement to supplemental military leave.

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