GENERAL INFORMATION BULLETIN #91-04[Not Provided in the paper copy of the SPMM - here in 1200, 2300 & 2800]
This Bulletin describes new benefits which have been extended to reservists and National Guard members in the Executive branch who are activated in connection with the Persian Gulf crisis, and new policies and procedures which supersede some of the material in GIB No. 90-09. This Bulletin MUST be read in conjunction with General Information Bulletin No. 90-09, dated September 18,1990, to Department and Agency Personnel and Affirmative Action Officer from Candice T. Carter entitled "Information on the Impact of Military Leave During the Persian Gulf Crisis". This earlier Bulletin described benefits under the Military Law, supplemental military leave and insurance benefits for employees who are activated in connection with the Persian Gulf crisis on or after August 1, 1990. Agencies should also refer to Attendance and Leave Manual Advisory Memorandum . g0-05, dated November 26, 1990, from Peter Elmendorf which described in greater detail the attendance and leave benefits available to employees on military leave with full pay under both the Military Law and the supplemental military leave benefit.
On January 15, 1991, Governor Cuomo announced extension of additional benefits to reservists and National Guard members in the Executive branch activated in connection with the Persian Gulf crisis. The new benefits, developed in concert with the employee unions, are as follows:
Note that as many of the benefits described in this Bulletin are special benefits extended on a one-time basis during the current crisis, agencies should refer to this Bulletin only for employees who are federally activated for duty in connection with the Persian Gulf crisis. An employee federally activated for duty in the Persian Gulf or to replace regular military personnel dispatched to the Persian Gulf would be eligible for the special benefits extended as a result of understandings between the Governor and the unions and therefore would be covered by this memorandum. On the other hand, reservists on active duty unrelated to the Persian Guff crisis are not covered by this memorandum. ATTENDANCE AND LEAVE ISSUES
Supplemental Military Leave With PayFollowing exhaustion of paid military leave under the Military Law, reservists and National Guard members in the Executive branch are eligible for a maximum of 30 calendar days or 22 workdays of supplemental military leave with pay for military duty specifically related to the Persian Gulf crisis. During the period of supplemental military leave with pay, the employee receives the same attendance and leave benefits, if eligible, as an employee on military leave with pay under the Military Law. At the request of the Governor,and as a result of Memoranda of Understanding with employee unions, the Civil Service Commission has amended the Attendance Rules to extend the period during which supplemental military leave with pay may be granted through December 31, 1991. Prior to this amendment, supplemental military leave could be granted only from August 1, 1990, through March 31, 1991. The total amount of supplemental military leave which may be granted has not changed. However, the deadline for the period during which it may be granted has been extended. This benefit is available regardless of any change in employment status (except termination for cause) occurring while the employee is on military duty in connection with the Persian Gulf crisis. All other provisions in connection with supplemental military leave with pay remain unchanged. For a complete discussion of supplemental military leave and the impact of military leave at full pay and military leave without pay on leave accruals, please refer to the State Personnel Management Manual General Information Bulletin 90-09, dated September 18, 1990, and Attendance and Leave Manual Advisory Memorandum 90-05, dated November 26, 1990. Employees on Military Leave at Reduced PayAt the request of the Governor, and pursuant to Memoranda of Understanding with the employee unions, the State Civil Service Commission has amended the Attendance Rules to provide that following exhaustion of military leave with pay under the Military Law, supplemental military leave with pay and any leave accruals which the employee elected to use, reservists and National Guard members in the Executive branch are eligible to receive their regular State salary and location pay and geographic differential minus the amount of base pay and housing and food allowances received from the United States government for service in connection with the Persian Gulf crisis. Such employees shall be deemed to be on military leave at reduced pay. The earliest date on which this military leave at reduced pay can begin is January 23, 1991. This leave at reduced pay will end on the earlier of the employee's date of discharge from Persian Gulf-related service or December 31, 1991. The State salary used in these calculations is the employee's base annual salary and location pay and geographic differential as of his/her last day in full pay status; the military salary used is the employee's base pay and housing and food allowances as of the date his/her Persian Gulf-related service commenced. Any change in the State salary or military compensation to which the employee subsequently becomes eligible is not factored in for purposes of these calculations. For purposes of providing this benefit, any individual who has been found eligible to receive supplemental military leave with pay is also eligible for this military leave at reduced pay even if he/she has a change in employment status after being ordered to military duty in connection with the Persian Gulf crisis (other than termination for cause). Such an employee is deemed to be on leave of absence for purposes of entitlement to this benefit. Processing PaymentA payroll bulletin containing instructions regarding processing payment for employees on military leave at reduced pay will be forthcoming from the Office of the State Comptroller. Attendance and Leave Status of Employees On Military Leave at Reduced PayAll employees on military leave at reduced pay (as well as those who are eligible but do not in fact receive any income supplement from the State because their military income equals or exceeds their State salary) are deemed to be on military leave at reduced pay without charge to credits. Use of Leave Credits Prior to Beginning to Receive Military Leave at Reduced PayBefore enactment of military leave at reduced pay, reservists and National Guard members had been given the option of charging leave credits (other than sick leave) after they had exhausted their entitlement to military leave at full pay under both the Military Law and the supplemental military leave program and prior to going on military leave without pay. Any such requests currently on file must be honored. However, for employees currently considering whether or not to exercise the option to charge leave credits after exhausting entitlement to military leave at full pay and prior to going on military leave at reduced pay, agencies should make employees aware that it may not be to their advantage in most cases (except where credits may lapse) to elect to charge leave credits prior to going on military leave at reduced pay. Biweekly Vacation and Sick Leave CreditsEmployees on military leave at reduced pay are not eligible to earn biweekly vacation and sick leave credits. However, any balances standing to the employee's credit at the time his/her military leave at reduced pay began are restored upon his/her return from leave except credits which otherwise would have lapsed. HolidaysEmployees on military leave at reduced pay do not receive credit for holidays, including floating holidays, that fall during a period of military leave. Holiday leave credit earned prior to the period of military leave will be restored upon the employee's return from leave except credits that otherwise would have lapsed. Personal Leave Anniversary DateIf the employee's personal leave anniversary date falls during this period of military leave at reduced pay, the employee is granted his/her personal leave days and the anniversary date does not change. Personal leave standing to the employee's credit at the time the period of military leave at reduced pay began will be restored to the employee upon return from leave, except credits which would otherwise have lapsed. The amount of personal leave to be credited is based on the employee's work schedule at the time the military duty commenced. Vacation Anniversary DateIf the employee's vacation anniversary date falls during this period of military leave at reduced pay, the employee is granted any vacation bonus days or additional vacation days for which he/she is eligible and the vacation anniversary date is not adjusted. Vacation standing to the employee's credit at the time the period of military leave at reduced pay began will be restored to the employee upon return from leave, except credits that would otherwise have lapsed. The amount of vacation to be credited is based on the employee's work schedule when the military leave began. Income Protection Plan Sick Leave Grant DateIf the employee's Income Protection Plan sick leave grant date falls during this period of military leave at reduced pay, the grant date is adjusted to the date the employee returns from leave and the employee receives his/her four-day grant on that revised date. Any sick leave standing to the employee's credit when the period of military leave at reduced pay began will be restored to the employee upon return from military duty except credits that would otherwise have lapsed. Lump Sum PaymentLump sum payment for accrued and unused vacation and overtime compensatory leave credits pursuant to Sections 23.2 and 30.2 of the Attendance Rules cannot be processed until the end of the period of military leave with pay including periods of military leave at reduced pay. For further information contact the Employee Relations Section of the Department of Civil Service at (518) 457-2295. STATE-ADMINISTERED INSURANCE BENEFIT ISSUES
The benefit information has not changed since the General Information Bulletin No. 90-09 was issued on September 18, 1990, with two exceptions: health insurance and related benefits are now available to families at no cost for up to 17 months, and the procedure for paying the M/C Life Insurance premium has changed because of military leave at reduced pay. Below are details on the two changes followed by a summary of benefits. The Division of Employee Benefits is preparing complete information for agency Health Benefits Administrators.
BENEFITS SUMMARY Family members will need to know which benefits are available to them through the State and which are provided by union Employee Benefit Funds operated by CSEA, PEF, UUP and DC 37. Families will also need a list of appropriate telephone numbers to call for information and assistance. Where the employee was not able to discuss benefits information before going on active duty, the agency Health Benefits Administrators should be sure to provide this information to the family. Health Insurance CoverageAn employee with individual coverage under the New York State Health Insurance Program (NYSHIP) does not need to continue coverage while on military leave because the federal government provides coverage for those on active duty. Those employees on military leave who have family coverage under NYSHIP can continue their Empire Plan or HMO coverage for their enrolled spouse and other eligible dependents at no cost to the enrollee or family for up to 17 months from the beginning of ordered military duty. Prescription Drug CoverageCoverage for dependents of employees enrolled in State or union Employee Benefit Fund programs will be provided at no cost for up to 17 months from the beginning of ordered military duty. Dental Insurance CoverageThe federal government provides dental services for military personnel. Dependents enrolled in the State (GHI) program or through their union Employee Benefit Fund will be able to continue their dental coverage at no cost for up to 17 months from the beginning of ordered military duty. Vision Care CoverageVision Care coverage under the State program or through a union Employee Benefit Fund will automatically continue for the employee's spouse and other eligible dependents for up to 17 months from the beginning of ordered military duty. There is no cost to the employee or family for this coverage. M/C Life Insurance and Accident & Sickness InsuranceM/C Life Insurance for State employees and their dependents can continue while the employee is on military leave.Premium payments may be made by payroll deductions or by direct payments if the deduction cannot be taken from the reduced amount. Employees who choose to terminate their M/C Life Insurance coverage while on military leave can re-enroll within six biweekly payroll periods of their return to the payroll, without providing evidence of insurability. The Accident and Sickness benefit, which applies only to the employee, is not available during military leave. Therefore, the usual deduction will be discontinued. Agency Health Benefits Administrators should advise the families of employees who have life insurance coverage through a union program about calling their union Employee Benefit Fund for necessary information about coverage and payment. Continuation of CoverageEmployees and their enrolled dependents who lose eligibility for group coverage may have rights to continue coverage under federal law (COBRA). For example, an employee who does not return to the payroll after military leave may have COBRA rights. PERSONNEL STATUS ISSUES
The following, based on recent advice of Counsel, modifies much of the information originally provided in GIB 90-09. It incorporates interpretation of Federal statute, case law, the changes in the Attendance Rules and Executive policy. Right to Leave and Status While on LeaveAn employee who leaves employment for ordered military duty in connection with the Persian Gulf crisis must have his/her position held for him/her, regardless of intervening circumstances, while engaged in (and while going to and from) ordered military duty, to facilitate the payment of the military leave benefit. This applies to all employees regardless of status, the duration of their position, the nature of their appointment, or the employee's relative seniority. In all cases, you must discuss with your Staffing Services Representative any actual situations where an employee on military leave due to the Persian Gulf crisis has been or could be affected by the abolition of positions, or the conclusion of a temporary or seasonal position. This will ensure that necessary steps are taken, in accord with Executive Chamber Policy Memorandum 91:2, to prevent jeopardizing the status of the employee on military leave. Any employment status changes which would have accrued as a matter of law by the simple passage of time during an employee's absence, and without the exercise of any discretion by the employer, must be granted upon reinstatement. Agencies may effect these transactions during the employee's military leave of absence. Agencies are also free to exercise their discretion to effect other personnel transactions which would have a positive effect on the individual's status during absence on ordered military duty in connection with the Persian Gulf crisis.
Probationary EmployeesAgencies continue to have discretion to count military leave as time served, and the authority to extend probationary periods as required by Rule 4.5, where there is a formal periodic evaluation of a probationer's performance against fixed performance standards. See Rule 4.5(f).
Employees on Eligible Lists
ExaminationsThe Department of Civil Service will endeavor to provide alternate test dates for examinations held while a qualified employee was absent. A case-by-case review must be made at the time of an employee's return to determine if arrangements can be made for the employee-to take the examination. It is important that agencies help employees identify which examinations have been held in their absence, and contact the appropriate Staffing Services Section for assistance-Employees must make their requests to the Department of Civil Service within 45 days of their reinstatement from military leave. Any questions on this issue should be discussed with your Staffing Services Representative.
Right to Reinstatement and RetentionFederal law provides strong guarantees of reinstatement, and subsequent retention for one year, for those who serve in active military duty in circumstances such as the Persian Gulf crisis. In accord with Executive Chamber Policy Memo 91:2, every concerted effort must be made to re-employ and retain all employees returning from ordered military duty in connection with the Persian Gulf crisis, regardless of intervening circumstances. However, seasonal employees do not have to be restored to pay status until the season in which they normally work. The Staffing Services Division will work closely with you to ensure that the State meets its obligation to re-employ and retain, regardless of intervening circumstances, all employees returning from ordered military duty in connection with the Persian Gulf crisis. Because situations may arise where the operation of mandated Civil Service procedures, such as the promulgation of an eligible list or the processing of a layoff, might jeopardize the re-employment or retention of such an employee, the Department of Civil Service will assist in developing any necessary temporary positions and will work with you to identify an alternate placement.
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