April 03, 2019

Supplemental Military Leave: benefits for officers and employees of the State of New York as the employer


NO HEARING SCHEDULED

This proposed amendment to the Attendance Rules for Employees in New York State Departments and Institutions is a consensus rule making amending 4 NYCRR 21.15 and 4 NYCRR 28-1.17 to extend the availability of supplemental military leave benefits for certain employees of New York State as the employer until December 31, 2019.

This proposed rule amends 4 NYVRR 21.15 and 4 NYCRR 28-1.17 to continue the availability of the single grant of supplemental military leave with pay and further leave at reduced pay through December 31, 2019, and to provide for separate grants of the greater of 22 working days or 30 calendar days of training leave at reduced pay during calendar year 2019.

Union represented employees already receive these benefits pursuant to memoranda of understanding (MOUs) negotiated with the Governor’s Office of Employee Relations (GOER). The proposed rule amends 4 NYCRR 21.15 of the Attendance Rules consistent with the current MOUs, and amends 4 NYCRR 28-1.17 to extend equivalent benefits to employees serving in positions designated managerial or confidential within the meaning of Article 14 of the Civil Service Law.

Currently §242 of the New York State Military Law provides that public officers and employees who are members of the organized militia or any reserve force or reserve component of the armed forces of the United States may receive the greater of 22 working days or 30 calendar days of leave with pay to perform ordered military duty in the service of New York State or the United States during each calendar year or any continuous period of absence. Following the events of September 11, 2001, certain State employees have been ordered to extended active military duty, or frequent periods of intermittent active military duty. These employees faced the loss of State salary, with attendant loss of benefits for their dependents, upon exhaustion of the annual grant of Military Law paid leave.

Accordingly, supplemental military leave, leave at reduced pay and training leave at reduced pay were made available to such employees pursuant to MOUs negotiated with the employee unions. Corresponding amendments to the Attendance Rules were adopted extending equivalent military leave benefits to employees in positions designated managerial or confidential within the meaning of Article 14 of the Civil Service Law.

The text of the proposed rule and any required statements and analyses may be obtained from: Jennifer Paul, Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email: commops@cs.ny.gov

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