New York State employees are entitled to employment protection when they serve in the Armed Forces. The Military Stipend provides a salary supplement to assure that the employee’s biweekly salary remains at least at their New York State biweekly salary level. Refer to Military Stipend in this manual for more information.
If an employee is on a leave from the State payroll to provide service in the military not related to the War on Terror, the agency must use the following Action/Reason:
- LOA/MLL - (Military Leave) pertains to Military Orders not related to the War on Terror.
Employees who return from a Military Leave related to the War on Terror are entitled to a 90-day post-discharge period. If the employee takes advantage of this leave, the employee record must be updated as below:
- Returned from the Military Stipend RLV/MLS
- Placed on a leave with the action reason LOA/MLL.
An employee who enlists in the Armed Forces is entitled to a maximum four-year leave of absence, except during a period of war or national emergency declared by the President; or for one additional year, if service is extended for the convenience of the government.
In order to be eligible for reinstatement following military duty or for any of the rights and benefits granted to returning veterans under the Military Law, a veteran must be honorably discharged or released under honorable circumstances.
Military Law provides that any employee who enlists or is drafted into military duty shall be deemed to be on leave of absence and is entitled to reinstatement to his/her position if application is made up to 90 days after the termination of military duty as defined in such section. Even if reinstatement is not requested within the 90 day period, the employee remains eligible for reinstatement at the discretion of the appointing officer at any time within one year after the termination of military duty.
An employee on military leave may "not be subjected directly or indirectly to any loss of time, service, increment or any other right or privilege, or be prejudiced in any way with reference to promotion, transfer, reinstatement or continuance in office." Thus, upon reinstatement following termination of military duty, an employee is entitled to receive the same salary he/she would otherwise be receiving had he/she remained in his/her position, and full credit, for promotional purposes, for the period of absence.
Section 243 of the New York State Military Law and the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) entitle reservists and National Guard members, under certain circumstances, to up to 90 calendar days from the date of discharge from active military duty to return to work. Specifically, reservists and National Guard members who have been absent from work to perform ordered military duty for more than 180 consecutive calendar days are entitled to up to 90 calendar days from the date of discharge from active military duty to return to work.
During the 90-day post-discharge period, eligible employees are entitled, under the new MOUs, to elect to charge appropriate leave credits (credits other than sick leave). Employees who elect to charge leave credits receive salary and earn leave credits as any other employee charging credits.
Employees who return to the payroll from this leave must have their salary reconstructed as if they had remained on the payroll.
ATTENDANCE AND LEAVE MANUAL
ADVISORY MEMORANDUM NO. 2007-01
Section 21.12