N.Y. Comp. Codes R. & Regs. Tit. 4 §§ 28-1.17
Current through Register Vol. 46, No. 45, November 2, 2024
Section 28-1.17 - Supplemental military leave(a)Supplemental military leave with pay.Upon exhaustion of military leave with pay provided pursuant to section 242 of the New York State Military Law, an employee who has been federally ordered, or ordered by the Governor, to active military duty (other than for training) related to the war on terror, on or after September 11, 2001, shall be granted supplemental military leave with pay for a period or periods not exceeding a total of 30 calendar days or 22 working days, whichever is greater. Provided, however, that in no event shall such supplemental military leave be granted for military service performed before September 11, 2001 or after December 31, 2024; nor shall more than one such grant of supplemental military leave be credited to any employee during the period from September 11, 2001 through December 31, 2024 . Notwithstanding any involuntary change in employment status after being ordered to active duty, except termination for cause, such employee shall be deemed to be on leave of absence from the State service, for the purposes of entitlement to this benefit.
(b)Leave at reduced pay.An employee eligible for supplemental military leave pursuant to subdivision (a) of this section, who has exhausted such leave, and has had applied to his or her benefit other available leave credits, if he or she had previously elected use of such credits, shall be eligible for leave at reduced pay upon being federally activated or activated by the Governor for military service in response to the war on terror. Notwithstanding any involuntary change in employment status after being ordered to such duty, except termination for cause, such person shall be deemed to be on leave of absence from the State service, for purposes of entitlement to such benefit, until discharge or release from such duty. Provided, however, that in no case shall this benefit be provided after December 31, 2024.
(c)Training leave at reduced pay.Employees are eligible for a grant of training leave at reduced pay in calendar year 2024 following
(1) any active military service in calendar year 2024 that is related to the war on terror; and(2) exhaustion of their calendar year 2024 military leave entitlement under section 242 of the New York State Military Law and any leave credits (other than sick leave) that they elect to use. During calendar year 2024, training leave at reduced pay may be used by employees for up to 30 calendar days or 22 work days, whichever is greater, of any required military duty (including mandatory weekend and summer training or other activation) that is not related to the war on terror.(d) Rates of pay for leave at reduced pay and training leave at reduced pay used in calendar year 2024 shall be calculated in the following manner:(1) For employees who have utilized leave at reduced pay or training leave at reduced pay prior to January 1, 2024, the rate of reduced pay for the first use of either category of leave utilized at any point between January 1, 2024 and December 31, 2024 shall be calculated as follows:(i) Employees on training leave at reduced pay or leave at reduced pay on January 1, 2024 shall have the calculation of reduced pay for either leave category based upon their State salary (defined as base pay plus location pay plus geographic differential) as of January 1, 2024, reduced by the military pay rate used in calculating the most recent period of leave at reduced pay or training leave at reduced pay, prior to January 1, 2024.(ii) Employees whose first use of leave at reduced pay or training leave at reduced pay occurs between January 2, 2024, and December 31, 2024 shall have the calculation of reduced pay for either leave category based upon their State salary (defined as base pay plus location pay plus geographic differential) as of their last full day in full pay status prior to the first use of training leave at reduced pay or leave at reduced pay after January 1, 2024, reduced by the military pay rate (defined as base pay plus housing and food allowances) used in calculating the most recent period of leave at reduced pay or training leave at reduced pay, prior to January 1, 2024.(2) For employees who have not utilized leave at reduced pay or training leave at reduced pay prior to January 1, 2024, the rate of reduced pay for the first use of either category of leave between January 1, 2024 and December 31, 2024 shall be calculated as follows: The rate of reduced pay shall be based upon State salary (defined as base pay plus location pay plus geographic differential) as of the last day in full pay status prior to the first use of leave at reduced pay or training leave at reduced pay, reduced by any military pay (defined as base pay plus housing and food allowances) received from the United States government or New York State as of the first day in leave at reduced pay or training leave at reduced pay status.(3) For all employees covered by sub-sections (1) or (2) of subdivision (d) of this section, the rate of reduced pay calculated for the first use of either leave at reduced pay or training leave at reduced pay shall be used for any subsequent period of leave at reduced pay or training leave at reduced pay during calendar year 2024.(e) Employees eligible for leave at reduced pay and training leave at reduced pay pursuant to this section, or those who would be eligible if their military payments did not exceed their State salary payments, will be credited with vacation bonus days and personal leave days they would otherwise have received on their vacation and personal leave anniversary dates, should said dates occur during this leave. However, such employees will not be eligible to: (1) earn bi-weekly vacation and sick leave accruals for any period in which they are not in full pay status for at least seven out of ten days; or(2) receive credit for holidays that fall during a period on which they are on leave at reduced pay or training leave at reduced pay.(f) In no event shall leave at reduced pay or training leave at reduced pay be granted for military service performed after December 31, 2024 . The provisions of this section shall not apply to those employees who have voluntarily separated from State service or who are terminated for cause.N.Y. Comp. Codes R. & Regs. Tit. 4 §§ 28-1.17
Amended, New York State Register December 31, 2014/Volume XXXVI, Issue 52, eff. 12/31/2014Amended New York State Register October 28, 2015/Volume XXXVII, Issue 43, eff. 10/28/2015Amended New York State Register December 27, 2017 /Volume XXXIX, Issue 52, eff. 12/27/2017Amended New York State Register September 26, 2018/Volume XL, Issue 39, eff. 9/26/2018Amended New York State Register August 7, 2019/Volume XLI, Issue 32, eff. 8/7/2019Amended New York State Register June 2, 2021/Volume XLIII, Issue 22, eff. 6/2/2021Amended New York State Register September 29, 2021/Volume XLIII, Issue 39, eff. 9/29/2021Amended New York State Register August 3, 2022/Volume XLIV, Issue 31, eff. 8/3/2022Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 6/21/2023Amended New York State Register June 26, 2024/Volume XLVI, Issue 26, eff. 6/26/2024