Drawing of Earned Credits Upon Separation
(Part 23)
Section 23.2 - Payment for Accruals Upon Entry Into Armed Forces
R-1 Purpose
The purpose of this Section is to provide authorization for cash
payment for accrued and unused vacation and overtime compensatory
time credits to eligible employees who are on leave from their positions
on account of entry into the Armed Forces.
Eligibility
An employee who is subject to the Attendance Rules and who is on
military leave without pay is eligible for cash payment for accrued
and unused vacation and overtime compensatory time credits, not in
excess of 30 days each, provided the employee requests such payment
and has entered the Armed Forces of the United States for active duty
and for other than training purposes. Training purposes includes the
two-week annual training for National Guard members and Reservists,
the three to six months' initial period of active duty required of
enlistees in reserve units under the Reserve Forces Act, and assignment
to a service school. In all cases it is advisable to check the employee's
orders to active duty to determine whether or not the duty is for
training purposes.
Lump Sum Payment
An employee is entitled to only one lump sum payment for all vacation
and overtime compensatory time credits earned and accumulated as of
the date of the beginning of military leave without pay. The Comptroller
will not approve payment for less than the full amount of vacation
and overtime credits, nor multiple partial payments. Any such credits
for which an employee is not paid should be restored when the employee
returns to the payroll from military leave.
See related contract provision 21.1, C-2
Military Leave With Pay Followed by Leave Without Pay
When an employee is called to active duty and is eligible to receive
30 calendar or 22 workdays of military leave with pay, or any unused
portion of such leave, under Section 242 of the Military Law, such
employee may subsequently receive military leave without pay under
Section 243 of the Military Law (see Section 21.12, "other Leaves
Required by Law," of this Manual). Such an employee is not eligible
for payment for accrued vacation and overtime compensatory time credits
while on...
R-2
...military leave with pay; however, the individual should receive
payment for accrued and unused credits, including any vacation credits
accrued while on military leave with full pay, when the employee requests
such payment while on military leave without pay and is otherwise
eligible for such payment (see "Eligibility"
above).
Resignation While on Military Leave
An employee who resigns while on military leave of absence is entitled
to payment for accrued and unused vacation and overtime compensatory
time credits, not in excess of 30 days each, provided the employee
has not already been paid for such credits. Two weeks notice of resignation
shall be considered made and the date of resignation shall be the
date of the notification of resignation given to the agency, provided
the resignation occurs within the time allowed the employee to apply
for reinstatement after termination of military duty.
The lump sum payment for such credits should be made at the rate
of pay the employee would have been earning had such employee remained
in State service for the period of military leave.
Sick Leave, Personal Leave and Holiday Leave
There is no provision in the Attendance Rules for payment at any
time for accrued sick leave credits, unused personal leave or unused
holiday leave.
An employee who returns to work following a military leave of absence
should have accrued and unused sick leave credits and holiday leave
credits restored. Personal leave credits are restored if the employee
returns within one year following the last date on which personal
leave was credited. If the employee returns more than one year after
that date, the date of return becomes the new personal leave anniversary
date (see Section
21.6, "Personal Leave," of this Manual).
See Related Contract Provisions 21.1, C-5 and C-14
Revision History |
TM-6 - January 1991 |
All pages |
New or Revised Material |
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