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Personnel Services Bulletins

440-9R

Subject: Leaves of Absence with Pay Granted to Veterans and Certain Civilians for the Observance of Memorial Day and Veterans Day

Supersedes: Personnel Services Bulletin No. 440-9

Source: Public Officers Law, Section 63

Date: March 13, 1998


I. Policy

Leaves of absence with pay, in order to observe Memorial Day and Veterans Day, will be granted to employees, including, but not limited to, all full-time, part-time, per annum, hourly, per diem, per session and seasonal employees, who:

A. Served on active duty in the armed forces of the United States, or who served in the armed forces of a foreign country allied with the United States, during any of the periods of conflict listed below and who have been discharged or separated under honorable conditions. Veterans qualify for such leave if they served during:

1. World War I or World War II;

2. The Korean conflict between June 27, 1950 and January 31, 1955;

3. The period of the Vietnam conflict from December 22, 1961 to May 7, 1975;

4. The period of the Persian Gulf conflict from August 2, 1990 to the end of such conflict; or

B. Received an Armed Forces Expeditionary Medal, Navy Expeditionary Medal or Marine Corps Expeditionary Medal for participating in operations in any of the following:

1. Lebanon from June 1, 1983 to December 1, 1987;

2. Grenada from October 23, 1983 to November 21, 1983;

3. Panama from December 20, 1989 to January 31, 1990; or

C. Served satisfactorily as crew members during the period of armed conflict from December 7, 1941 to August 15, 1945, aboard merchant vessels or public vessels in oceangoing service and received a Certificate of Release or Discharge from Active Duty and a Discharge Certificate, or an Honorable Service Certificate/Report of Casualty from the Department of Defense and were employed by either:

1. The War Shipping Administration or Office of Defense Transportation or their agents as merchant seamen documented by the United States Coast Guard or Department of Commerce;

2. The United States Army Transport Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transportation Service as civil servants.

The above list of periods of conflict will be updated and forwarded to agencies as necessary. Employees involved in conflicts or operations that are not listed above may be eligible for leaves of absence with pay to observe Memorial Day and Veterans Day. Questions regarding eligibility should be addressed to the Citywide Personnel Policies and Standards Division of the Department of Citywide Administrative Services.

Employees who are entitled to leaves of absence with pay, based upon these conditions, are not entitled to additional compensation or time off by virtue of the fact that these holidays are also paid holidays under existing employment contracts.

When, in the judgment of the head of an agency or department, granting such leaves of absence on the day prescribed by law would endanger public safety, another day in lieu thereof shall be granted.

II. Procedure

An agency may require employees taking leave pursuant to Section 63 of the Public Officers Law to provide documentation entitling the employee to such leave.

William J. Diamond
Commissioner



Inquiries: Citywide Personnel Policies
and Standards Division (212) 669-3292
Issue No. 1-98

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