Advisory Memorandum No. 2002-01

Section 21.12 Leaves Required by Law or Negotiated Agreement - March 20, 2002

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TO: Manual Recipients
FROM: William E. Doyle
SUBJECT: Frequently Asked Questions about Special Military Leave in Connection with the Events of September 11th

A number of questions have been raised about the special military benefit package extended to New York State Executive branch employees federally ordered to military duty or activated by the Governor in connection with the events of September 11th. This advisory memo addresses frequently asked questions.

Status Issues

For any employee who has exhausted available military leave at full pay under Section 242 of the State Military Law, all ordered military duty in connection with the events of September 11th should be counted toward the 30 calendar days or 22 workdays of Supplemental Military Leave at full pay for which such employee is eligible, until the Supplemental Military Leave is exhausted. After an employee has exhausted the Supplemental Military Leave and leave credits which they have elected to use (other than sick leave), the employee should be placed on Military Leave at Reduced Pay for any additional military duty in connection with the events of September 11th. Employees are deemed to be in Military Leave at Reduced Pay status (not leave without pay status) even if they are not eligible to receive a stipend because their military pay equals or exceeds their State salary.

Military Orders Which Began in 2001 and Continue into 2002

During calendar year 2001, employees activated in connection with the events of September 11th first exhausted any remaining days of their 2001 military leave at full pay entitlement under Section 242 before becoming eligible for the special military benefits provided for in the Memoranda of Understanding between the State and the various employee unions. If the period of ordered military duty which commenced in 2001 continues into calendar year 2002 without interruption, on January 1, 2002 employees may be entitled to a portion of their 2002 leave entitlement under Section 242. They would be entitled to leave for 30 calendar days or 22 workdays minus the number of days of their 2001 entitlement which they used during that continuous period of ordered military duty which began in 2001.

For example, an employee used 20 calendar days of his Section 242 entitlement prior to September 11, 2001 and received military orders for the period from September 11, 2001 through March 15, 2002. He first used the remaining 10 calendar days of his 2001 entitlement under Section 242 before being placed on Supplemental Military Leave at full pay. After exhausting Supplemental Military Leave, the employee was placed on Military Leave at Reduced Pay through December 31, 2001. On January 1, 2002, the employee must be returned to full pay status to use 20 calendar days of his 2002 entitlement under Section 242. By operation...

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...of Section 242, he cannot use more than 20 calendar days of his 2002 entitlement because he has already used 10 calendar days of his 2001 entitlement during this continuous period of ordered military duty that began in 2001. After using those 20 calendar days of his 2002 entitlement under Section 242, he is returned to Military Leave at Reduced Pay until his orders end on March 15, 2002. If he subsequently receives new military orders in 2002, he will use the remaining 10 days of his 2002 entitlement under Section 242 and, if the new orders are in connection with September 11, he would then be placed on Military Leave at Reduced Pay.

Attendance and Leave Manual Advisory Memorandum No. 01-06 dated September 25, 2001 contains several examples beginning on page five that illustrate this principle.

Further Information

Questions concerning these issues can be referred to the Attendance and Leave Unit of this Department at (518) 457-2295.

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