Section 21.12 Leaves Required by Law or Negotiated Agreement - November 7, 1984
TO: Personnel Officers
Chapter 161 of the Laws of 1984 amended §242 of the Military Law with respect to the method of providing for paid absence to public officers and employees who are ordered to military duty as members of the organized militia or a reserve force. Effective June 5, 1984, such persons are to be permitted to absent themselves in connection with ordered military service at full pay for either 30 calendar days or 22 workdays, whichever is greater, during any one calendar year or any continuous period of ordered military service.
For 1984, then, agencies should review leaves granted in connection with military absence during the entire calendar year to assure that affected officers and employees are provided the maximum amount of absence at full salary to which they are entitled. Any salary adjustments resulting from this reconsideration of paid absence granted should be made. If any such employee used accrued leave credits in connection with an absence, a determination should be made as to whether he or she is entitled to the benefit provided by Chapter 161. If so, those leave credits should be restored.
Beginning in 1985, it will be necessary for State departments and agencies to maintain records of absences in connection with ordered military service on both a workday and a calendar day basis for each calendar year or continuous period of absence to insure that each officer and employee is granted the full measure of the paid absence for military duty to which he or she is entitled.
If you have any questions concerning this provision of the Military Law, please contact the Employee Relations Section at (518) 457-2295.