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 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.15 - 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.
(d) Rates of pay for leave at
				  reduced pay and training leave at reduced pay used in calendar year 2024 shall
				  be calculated in the following manner:
(1) For
				  employees who have utilized leave at reduced pay or training leave at reduced
				  pay prior to January 1, 2024, the rate of reduced pay for the first use of
				  either category of leave utilized at any point between January 1, 2024 and
				  December 31, 2024, shall be calculated as follows:
(i) Employees on training leave at reduced
				  pay or leave at reduced pay on January 1, 2024 shall have the calculation of
				  reduced pay for either leave category based upon their State salary (defined as
				  base pay plus location pay plus geographic differential) as of January 1, 2024,
				  reduced by the military pay rate used in calculating the most recent period of
				  leave at reduced pay or training leave at reduced pay, prior to January 1,
				  2024.
(ii) Employees whose first
				  use of leave at reduced pay or training leave at reduced pay occurs between
				  January 2, 2024, and December 31, 2024 shall have the calculation of reduced
				  pay for either leave category based upon their State salary (defined as base
				  pay plus location pay plus geographic differential) as of their last full day
				  in full pay status prior to the first use of training leave at reduced pay or
				  leave at reduced pay after January 1, 2024, reduced by the military pay rate
				  (defined as base pay plus housing and food allowances) used in calculating the
				  most recent period of leave at reduced pay or training leave at reduced pay,
				  prior to January 1, 2024.