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Personnel Services Bulletins

440-11

Subject: Leaves of Absence for Military Duty

Supersedes: Personnel Policy and Procedure No. 662-84

Source: New York State Military Law, Article XI, Section 242

Date: June 30, 1997


I. Policy

Section 242 of the New York State Military Law provides paid leave for an employee-reservist who performs "ordered military duty" on normally scheduled work days. "Ordered military duty" is defined as:

any military duty performed as a member of the organized militia of the State or of a reserve component of the armed forces of the United States, pursuant to orders issued by competent state or federal authority, with or without the consent of the employee.

A. A City employee is entitled to a leave of absence while engaged in the performance of "ordered military duty" as defined in the State Military Law, while going to and returning from such duty, and where otherwise required by law.

B. A City employee is entitled to receive his/her City salary while on leave for "ordered military duty." This includes travel to and from such duty. The total number of days that the employee may continue to receive his/her salary while on "ordered military duty" is not to exceed 30 calendar days or 22 normally scheduled work days (whichever is greater) in any one calendar year and not to exceed 30 calendar days or 22 normally scheduled work days (whichever is greater) in any one continuous period of absence.

C. To the extent practicable, an employee's normal work schedule should be drafted to avoid conflicting with drills scheduled during an employee's working hours.

D. In accordance with any applicable leave regulations and in the discretion of the agency head, an employee who has exhausted his/her statutory entitlement to be paid salary during a period or periods of authorized military leave may be granted use of accumulated annual leave balances during any additional period or periods of "ordered military duty." An employee wishing to exercise this option must make this request in writing to the agency head.

II. Procedure

Each agency head must designate an Agency Military Liaison Officer and notify the Commissioner of Citywide Administrative Services promptly, in writing, of such designation. The name of the designee and his/her telephone number should be included in the notification. The same procedure is to be followed whenever the Agency Military Liaison Officer is replaced.

A. Agency Military Liaison Officers must adhere to the following procedures:

1. A separate roster must be maintained of agency employees who are currently members of the organized militia or of one of the reserve components of the Armed Forces of the United States.

2. The roster must be organized by reserve unit and include the name, rank, service number, Social Security number and expiration date of current enlistment for each employee.

3. The monthly military roster report no longer needs to be sent to the Department of Citywide Administrative Services. However, all appropriate records must be kept and are subject to audit by the Department of Citywide Administrative Services.

4. The Agency Military Liaison Officer must also obtain a copy of each employee-reservist's Enlistment Contract from each non-commissioned employee-reservist, and its equivalent (a Service Agreement) from each employee-reservist who is a commissioned officer. This contract or agreement specifies the number of drills the employee is obligated to participate in, and the duration of the contract or agreement.

5. The Agency Military Liaison Officer must also obtain from the employee-reservist a copy of his/her quarterly drill schedule. Quarterly drill schedules are usually prepared two months in advance. If the employee fails to provide quarterly drill schedules, an Enlistment Contract or Service Agreement, then the Agency Military Liaison Officer should inform the employee that payment of his/her salary for periods of ordered military duty will not be granted until all the relevant required documents have been submitted.

Employee-reservists who apply for leave to perform military duty that occurs on a date different from the date(s) set forth in the quarterly drill schedule must submit a copy of the order issued by the state or federal authority requiring such service.

6. If, in the judgement of the Military Liaison Officer, an employee-reservist is regularly volunteering to be ordered to duty at unscheduled times solely in order to maximize absence from City employment to the detriment of the public interest, and a request that the employee desist from this practice is unsuccessful, the matter should be brought to the attention of the appropriate military commander in an attempt to obtain a more satisfactory and mutually acceptable schedule of "ordered military duty" for the employee.

7. The Agency Military Liaison Officer must obtain a Certificate of Attendance and/or Pay Voucher from each reserve member upon the employee's return from reserve duty. This document must be signed by the Unit Commander, or his/her designated representative, in order for payment of salary to be authorized by the agency.

8. The Agency Military Liaison Officer should notify employee-reservists that, except where it is unreasonable to do so, military leave must be applied for as far in advance as possible.

9. The Agency Military Liaison Officer must maintain a file on each employee-reservist's attendance records and requests for military leave. On each authorization for paid military leave, the Agency Military Liaison Officer must affirm that the procedures contained in this bulletin have been complied with, and that all required documents have been received.

B. Computation of Leave Entitlement

1. The 30 calendar day entitlement is computed and charged against the annual balance on a day for day basis. However, due to differences in normally scheduled work days in a number of City agencies, the 22 work day entitlement for normally scheduled work days will be converted into an hourly bank against which charges will be made on an hour for hour basis.

2. Every day of ordered military duty in a calendar year, whether or not there was absence from any part of the work day's scheduled duties, is to be charged against the employee's 30 calendar day annual balance. However, only those hours the employee is actually absent during the normal work day are to be charged against the hourly bank for purposes of computing the 22 work day entitlement.

3. Ordered military duty will be charged against the annual balances on both a calendar day and work day basis until the 30 calendar day entitlement and the 22 work day entitlement have both been exhausted.

4. In order to make charges against the 22 work day entitlement, an hourly bank must be established by multiplying the 22 work days by the number of hours in the normally scheduled work day of each employee-reservist.

Example: An employee whose normally scheduled work day is 7 hours, or whose normally scheduled work week is 35 hours, would have an hourly bank of 154 hours (22 x 7) established at the beginning of the calendar year. An employee with a 7.5 hour work day and a 37.5 hour work week would have 165 hours (22 x 7.5) at the beginning of the established calendar year.

The hourly formula must be applied to all normally scheduled work days.


William J. Diamond
Commissioner



Inquiries: Citywide Personnel Policies
and Standards Division (212) 669-3292
Issue No. 2-97



Attachment: Sample Computations

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