Purpose

To provide eligibility criteria and procedures for military leave for events unrelated to September 11, 2001.

Eligible Employees

Salaried (full and part-time), hourly, and per diem employees (paid as hourly or fee) in Executive Branch agencies who are designated Managerial/Confidential and employees represented by CSEA, PEF, DC-37, Council 82, NYSCOPBA, UUP, PBA, and NYSPIA.

Effective Date

January 1, 2002 through December 31, 2002

Background and Eligibility Criteria

Pursuant to the Memorandums of Agreement, employees represented by CSEA, PEF, DC-37, Council 82, NYSCOPBA, UUP, PBA, NYSPIA, and employees designated Management/Confidential who perform military duty in connection with the events of September 11, 2001, and do not have sufficient paid leave remaining in calendar year 2002 to cover military obligations for training and other events not related to September 11, 2001, may be eligible for Training Leave at Reduced Pay when required to perform such military assignments.

The Attendance Rules have been amended to provide Training Leave at Reduced Pay for qualified employees who:

• Perform military duty in connection with the events of September 11, 2001 during calendar year 2002; and
• Exhaust their calendar year 2002 entitlement to military leave at full pay pursuant to Section 242 of the State Military Law; and
• Subsequently perform military duty in 2002 that is not related to the events of September 11, 2001 (such as drills, summer camp and other ordered training, as well as active duty unrelated to the events of September 11th).

Employees eligible under this benefit may elect to do either of the following:

• Charge available leave credits, except sick leave; or
• Be placed on Training Leave at Reduced Pay

After an employee has made the election, he/she must remain in the same status for all subsequent military absences not related to September 11.

An employee is eligible for up to a maximum of 30 calendar days or 22 workdays of Training Leave at Reduced Pay, whichever is greater.

For additional information regarding this benefit, refer to the NYS Department of Civil Service Attendance and Leave Manual Advisory Memorandum No. 2002-03, dated May 2002.

Stipend Amount

Employees who elect to be placed on Training Leave at Reduced Pay are eligible for a military stipend calculated as follows:

• Regular State salary (base pay plus location and geographic pay differentials) minus military pay (base military pay plus housing and food allowance).
• The stipend provided by this benefit is calculated using the same State salary and military pay previously calculated for military duty resulting from the events of September 11.
• The stipend will not be recalculated to reflect subsequent changes in State salary or military pay.
• Similarly, there is no recalculation upon receipt of new military orders.

Agency Procedures

Reporting Training Leave at Reduced Pay on a Current Basis

To place an employee on Training Leave at Reduced Pay on a current basis:

• Report the Action of LOA (Leave of Absence) and Reason of MTS (Military Training Stipend) on the Job Data panel, effective the date of the leave.
• Fax a copy of the military orders to Ellen Allen at (518) 474-2601.
• If the employee has returned from leave, report the Action/Reason of RLV/RLV on the Job Data panel, effective the date the employee returned to work.
• After the RLV/RLV is entered on the Job Data record, restart all earnings on the Additional Pay panel that were automatically ended.

Reporting Training Leave at Reduced Pay on a Retroactive Basis

To place an employee on Training Leave at Reduced Pay on a retroactive basis:

For employees who previously charged leave credits in 2002 who now elect to be placed on Training Leave at Reduced Pay:

• Restore the leave credits previously charged.
• Report the Action/Reason of LOA/MTS on the Job Data panel, effective the date the employee should have been placed on leave.
• Notify OSC in the General Comments panel how the overpayment will be recovered.
• Fax a copy of the military orders to OSC.
• Report the Action/Reason of RLV/RLV on the Job Data panel, if applicable.
• After the RLV/RLV is entered on the Job Data record, restart all earnings on the Additional Pay panel that were automatically ended.
• Refer to NOTE below if the agency is unable to enter information because there are subsequent rows on the employee's record.

For employees who were previously placed on a military leave of absence, and now elect to be placed on Training Leave at Reduced Pay:

• Report the Action/Reason of RLV/RLV on the employee's Job Data panel, effective the date of the original LOA.
• Report the Action/Reason of LOA/MTS on the employee's Job Data panel, effective the date of the original LOA.
• Fax a copy of the military orders to OSC.
• Report the Action Reason of RLV/RLV on the Job Data panel, if applicable.
• After the RLV/RLV is entered on the Job Data record, restart all earnings on the Additional Pay panel that were automatically ended.
• Refer to NOTE below if the agency is unable to enter information because there are subsequent rows on the employee's record.

Reporting for Employees Who Elect to Use Leave Credits

If an employee elects to charge leave credits for absences covered under this benefit, he/she must elect to charge leave credits for all military events not related to September 11, 2001.

There is no special reporting required in PaySR for employees who have elected to charge available leave credits to cover these absences.

For employees who were previously placed on a military leave of absence without pay and have now elected to charge leave credits, except sick leave, the agency must:

• Report the Action/Reason of RLV/RLV on the Job Data panel, effective the date the employee was originally placed on military leave without pay.
• If applicable, restart earnings on the Additional Pay panel for earnings that were automatically ended.
• Report the earn code RGS, RGH, FEE , whichever is applicable, to report the earnings for the dates being charged to leave credits.
• If applicable, report an adjustment of earnings on the Additional Pay panel to adjust Additional Pay earnings previously ended.
• Enter a statement in the General Comments panel to indicate the employee is being reinstated to the payroll under the Training Leave at Reduced Pay benefit.
• Refer to NOTE below if the agency is unable to enter information because there are subsequent rows on the employee's record.

NOTE: If the transactions stated in this section cannot be entered directly on the employee's Job Data and Additional Pay records because the employee has a Job Data row(s) or Additional Pay row that is subsequent to the effective date of the leave action, request a Data/Cor on the Job Action Request panel and report the appropriate Job Data and Additional Pay information in the Status Reason block. The employee's Job Data and Additional Pay record will be corrected by OSC based on the information supplied.

OSC Actions

A new earn code TSP (Training Stipend Payment) has been established to pay the military stipend to employees covered under this benefit whose State salary is higher than the Military salary. After the agency reports the Action/Reason of LOA/MTS and OSC receives the military orders, OSC will enter the earn code TSP in the Time Entry panel as follows:

For employees not due a stipend payment because their Military salary exceeds their State salary, OSC will enter the following statement in the General Comments panel: "Employee is not due a stipend payment for Training Leave at Reduced Pay because the Military salary exceeds the State salary."

Impact on Overtime Compensation

Training Leave at Reduced Pay is not considered as time worked when determining overtime compensation. If an employee elects to charge leave credits for such absences, the period charged to leave credits will be considered time worked for determining overtime compensation.

Since this benefit is retroactive, previous overtime payments may be affected for employees that elect to be placed on Training Leave at Reduced Pay. Agencies must review the records of impacted employees and, if applicable, adjust overtime payments, as follows:

• Enter the appropriate overtime earn code in the Time Entry panel and the negative number of hours to be recovered.
• Enter the applicable straight time earn code in the Time Entry panel and the number of hours previously paid at the overtime rate that should have been paid at the straight time rate.

Questions

Questions regarding payroll procedures should be directed to your payroll auditor.