Employees absent for one cumulative year due to occupational injury or illness may be terminated from State service under Section 71 of the Civil Service Law, which also provides certain re-employment rights if the employee subsequently recovers. This leave can also be used for the arrival of a new child by birth, adoption, or foster placement. Although FMLA leave is unpaid, the employee may elect to charge appropriate leave credits in order to continue income during such an absence. State employees are covered under New York State Military Law and Federal Military Law. Employees entering active military service are entitled to a leave of absence without pay.
Employees have certain reinstatement rights upon completing military service.
Check with your personnel office about applicable time limits for reinstatement. Under Section 242 of New York State Military Law, Reservists and National Guard members are entitled to military leave with pay for up to 30 calendar days or 22 workdays of military leave for ordered military duty in a calendar year or a continuous period of absence that spans more than one calendar year. Employees are expected to notify their agencies as soon as possible regarding their need for military leave. A copy of the employee's military orders is generally required. Employees receiving military leave with pay may also be required to provide a copy of their Leave and Earnings Statement or other evidence confirming the actual performance of military duty.