New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.17 - Supplemental military leave

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Supplemental military leave with pay.
Upon exhaustion of military leave with pay provided
						pursuant to section 242 of the New York State Military Law, an employee who has
						been federally ordered, or ordered by the Governor, to active military duty
						(other than for training) related to the war on terror, on or after September
						11, 2001, shall be granted supplemental military leave with pay for a period or
						periods not exceeding a total of 30 calendar days or 22 working days, whichever
						is greater. Provided, however, that in no event shall such supplemental
						military leave be granted for military service performed before September 11,
						2001 or after December 31, 2024; nor shall more than one such grant of
						supplemental military leave be credited to any employee during the period from
						September 11, 2001 through December 31, 2024 . Notwithstanding any involuntary
						change in employment status after being ordered to active duty, except
						termination for cause, such employee shall be deemed to be on leave of absence
						from the State service, for the purposes of entitlement to this benefit.
(b)
Leave at reduced
					 pay.
An employee eligible for supplemental military leave
						pursuant to subdivision (a) of this section, who has exhausted such leave, and
						has had applied to his or her benefit other available leave credits, if he or
						she had previously elected use of such credits, shall be eligible for leave at
						reduced pay upon being federally activated or activated by the Governor for
						military service in response to the war on terror. Notwithstanding any
						involuntary change in employment status after being ordered to such duty,
						except termination for cause, such person shall be deemed to be on leave of
						absence from the State service, for purposes of entitlement to such benefit,
						until discharge or release from such duty. Provided, however, that in no case
						shall this benefit be provided after December 31, 2024.
(c)
Training leave at reduced
					 pay.
Employees are eligible for a grant of training leave at
						reduced pay in calendar year 2024 following
(1) any active military service in calendar
					 year 2024 that is related to the war on terror; and
(2) exhaustion of their calendar year 2024
					 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. During
					 calendar year 2024, training leave at reduced pay may be used by employees for
					 up to 30 calendar days or 22 work days, whichever is greater, of any required
					 military duty (including mandatory weekend and summer training or other
					 activation) that is not related to the war on terror.