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May 7, 2025

Proposed Supplemental Military Leave Benefits [I.D. No. CVS-18-25-00006-P]

On May 7, 2025, the State Register reported that "notice has been given of the following proposed rule":

Proposed Action: This is a consensus rule making* to amend sections 21.15 and 28-1.17 of Title 4 NYCRR. 

Purpose: To extend the availability of supplemental military leave benefits for certain New York State employees until December 31, 2025. The full text of the proposed rule is posted at the following State website:

 https://www.cs.ny.gov/commission/calendars/April25cal-web.pdf

The proposed rule amends sections 21.15 and 28-1.17 of the Attendance Rules for Employees in New York State Departments and Institutions to continue the availability of the single grant of supplemental military leave with pay and further leave at reduced pay through December 31, 2025, 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 2025.

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 merely amends section 21.15 of the Attendance Rules consistent with the current MOUs, and amends section 28-1.17 to extend equivalent benefits to employees serving in positions designated managerial or confidential (m/c). 

Under current statute, section 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.

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

Data, views or arguments may be submitted to: Eugene Sarfoh,  Counsel, NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY12239, (518)473-2624, email: public.comments@cs.ny.gov

Public comment will be received until: 60 days after publication of this notice, which was posted on on the Internet on May 7, 2025.

* Consensus Rule Making Determination Section 6(1) of the Civil Service Law authorizes the State Civil Service Commission to prescribe and amend suitable rules and regulations concerning leaves of absence for employees in the Classified Service of the State. As no person or entity is likely to object to the rule as written, the proposed rule is advanced as a consensus rule pursuant to State Administrative Procedure Act (SAPA) §202(1)(b)(i).


NYPPL Publisher Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

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