Military Leave from State Service –

What Are My Benefits If I Am On Active Duty in 2005 or 2006?

Q.        If I am activated for military service during 2005 or 2006 what paid leave will I receive during my activation?

A.        Under provisions of the NYS Military Law, the 2003-2007 State/PEF Agreement and a Memorandum of Understanding between PEF and the State of New York regarding military leave, you are eligible for the following types of fully and partially paid leave:

Military Leave with Pay

            NYS Military Law Section 242 provides for paid military leave for 30 calendar days or 22 work days (whichever provides the greater benefit to the employee) in any calendar year or any continuous period of absence which spans more than one calendar year.  This leave is available for any type of military activation.

            If you have not charged military leave with pay during 2005 or 2006, you will be eligible to receive the full benefit provided by the Military Law when you are called up to active duty.

If you have charged a portion of your Military Leave with Pay in 2005 or 2006 for intermittent leave (e.g. training time), you will receive the balance of the 30 calendar days or 22 working days entitlement when called up to active duty.

Supplemental Military Leave

After exhausting leave benefits available under NYS Military Law Section 242, you may also be eligible for an additional 30 calendar days or 22 work days (again whichever provides the greater benefit to the employee)  of “supplemental military leave.” Supplemental Military Leave is also leave at full pay.  

This benefit is provided though a Memorandum of Understanding (MOU) between PEF and the State of New York covering the period from September 11, 2001 though December 31, 2006.  Employees are eligible to receive Supplemental Military Leave only once during the period covered by this MOU for activation due to the war on terror. If you have charged 30 calendar days or 22 work days of Supplemental Military Leave since September 11, 2001 you will not receive it again.

You are eligible for this leave if you are called up to active duty in connection with the war on terror, including activations associated with military action in Iraq. 

Military Leave at Reduced Pay

After exhausting Military Leave with Pay and Supplemental Military Leave, you may then charge off any accruals (other than sick leave) which you elect to use to remain in full pay status. After exhausting any accruals you elect to charge, you may then be eligible for Military Leave at Reduced Pay.  Under the current Military Leave MOU, Military Leave at Reduced Pay will continue until the end of your activation or December 31, 2006 which ever comes first.  

While on Military Leave at Reduced Pay, you will receive your State salary (base pay plus any location pay and geographic differential) reduced by your military pay (base pay plus housing and food allowances).  Your State salary will be calculated based on your state salary as of your last day in full pay status. However, if your activation began in 2004 and continues into 2005 your Military Leave at Reduced Pay will be recalculated based on the State salary you would be receiving on January 1, 2005 if your were not on military leave. If your military pay exceeds your State salary you will receive no compensation from the State during this period.

Like Supplemental Military Leave, you are eligible for this leave if you are called up to active duty in connection with the war on terror including activations associated with military action in Iraq. 

Q.        After I return from active service, am I entitled to any additional leave for other military service (e.g. continuing training obligations)?

A.        The current Military Leave MOU also provides for Training Leave at Reduced Pay.  You are eligible for Training Leave at Reduced Pay if you are returning from active military duty in connection with the war on terror and have exhausted your entitlement to Military Leave with Pay under Section 242 of the NYS Military Law.

            During calendar year 2003 eligible employees may use up to 30 calendar days or 22 work days (whichever provides the greater benefit) of Training Leave at Reduced Pay for any required military duty (including mandatory weekend and summer training or other activation) that is not related to the war on terror.

While on Training Leave at Reduced Pay you will receive your State salary (base pay plus any location pay and geographic differential) reduced by your military pay (defined as base pay plus housing and food allowances). As with Military Leave at Reduced Pay, your State salary will be calculated based on your last day in full pay status for your first use of Reduced Pay in 2005 or January 1, 2005(if you were in reduced pay status at that time) which ever is later. If your military pay exceeds your State salary you will receive no compensation from the State during this period.

Q.        Will my and my dependents’ health insurance coverage continue while I am on fully paid leave?

A.        Your health insurance (with continued payment of the employee share of premium – 10% for individual and 25% for family coverage) will continue during any period that you remain in full pay status including, Military Leave with Pay, Supplemental Military Leave, and any period during which you charge to accruals. Dental and vision care coverage will continue at no cost to you.  Your coverage as an employee will cease when you exhaust Military Leave with Pay, Supplemental Military Leave, and any period during which you choose to charge accruals (other than sick leave). 

Q.        Will my dependents’ health insurance coverage continue while I am on Military Leave at Reduced Pay?

            Article 9.10(d) of the 2003-2007 State/PEF Agreement provides continuation of health, dental and vision care coverage for dependents of employees subject to a federal activation, by declaration of the President or Act of Congress.  These benefits will be provided to covered dependents for up to twelve months from the date of activation, less any periods of full pay status, with no employee contribution. Under this provision, health insurance for your family will continue without charge to you while you are on Military Leave at Reduced Pay. 

 If you exhaust your contractual twelve month entitlement to contribution free health insurance coverage for your dependents, the current Military Leave MOU, provides that if you are called up to active duty in connection with the war on terror, including activations associated with military action in Iraq, dependent coverage will continue until the end of your activation or December 31, 2006 which ever comes first. 

Coverage under these provisions is limited to dependents because the Federal government provides complete health insurance coverage to all reservists and members of the National Guard who are part of a federally sponsored activation. If you choose to enroll your dependents in the military health insurance program, coverage through the New York State Health Insurance Program will be cancelled for the period of your active duty.

Q.        Will I continue to earn leave accruals while I am on fully paid leave?

A.        While you are on Military Leave with Pay and Supplemental Military Leave with Pay you remain in full pay status.  During this period if you are otherwise eligible to earn leave accruals (vacation, sick and personal leave) you will continue to do so in the same manner as you do while working.

Q.        Will I continue to earn leave accruals while I am on military leave at reduced pay?

A.        While you are on Military Leave at Reduced Pay you will not earn bi-weekly vacation and sick leave credits. However, if your vacation anniversary date or your personal leave anniversary date fall during your period of Military Leave at Reduced Pay you will be credited with any bonus vacation, additional vacation days or personal leave days for which you are eligible and your anniversary date will not be adjusted.  Any accruals balances which you have at the time that you begin Military Leave at Reduced Pay or Training Leave at Reduced Pay will be restored to you when you return from leave with the exception of any leave credits which otherwise expire during that period (e.g. unused personal leave).            

Q.        Do I have a hold on my position while I am on Military Leave?

A.        Yes, NYS Military Law § 242 generally provides that any employee who is absent from work due to ordered military duty shall be granted a leave of absence from his/her State position for such duty.  This leave of absence does not interrupt continuous employment for seniority purposes.     

Q.        Do I get retirement service credit while I am on military leave?

A.        Yes, you are entitled to retirement service credit for all periods during which you are called to active duty. While you remain in full pay status you will continue to accrue retirement service credit in the same manner as you normally do. If you are in Tier 3 or 4 and still making a 3% employee contribution to the Retirement System, the deduction from your paycheck to cover that contribution will continue so long as any salary you are receiving is sufficient to cover the cost of your 3% employee contribution.  Once you begin receiving Military Leave at Reduced Pay (or go on unpaid military leave), if any reduced pay is insufficient to cover the 3% contribution, you must make up those contributions based on the salary you would have received from the State if you had not been activated.  Such contributions may be made to the Retirement System within five years of the termination date of ordered military duty.