Authorizes forty days or thirty working days of military leave for state correction officers who are absent on military duty; such leave to be in addition to any leave authorized for such correction officers in their state contract.
Ayes (31): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Stewart-Cousins, Thompson, Breslin, Diaz, Espada, Klein, Perkins, Valesky, DeFrancisco, Johnson O, Volker, Padavan, LaValle, Seward, Saland, Farley, Hannon, Larkin, Nozzolio, Leibell, Maziarz, Marcellino, Robach
Ayes W/R (1): Dilan
Ayes (60): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousin, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S3815
TITLE OF BILL : An act to amend the military law, in relation to authorizing additional paid leave for state correction officers who are absent on military duty
PURPOSE : Authorizes an additional 10 days military leave for state correctional officers who are absent on military duty.
SUMMARY OF PROVISIONS : Amends section 5 of section 242 of the military law to authorize additional paid leave for state correctional officers who are absent on military duty.
JUSTIFICATION : Currently, state law allows public employees to receive the greater of 30 days or 22 working days of paid leave a year for military service. However, state correctional officers, unlike the typical state or local employee, are often required to work at their respective correctional facility on weekends. Therefore, while the typical state or local employee can prevent the exhaustion of their military leave by performing their military duties on the weekends, state correctional officers do not have the same luxury. As a result, many state correctional officers often exhaust their current 30-day allotment and are required to utilize accruals to cover military time.
PRIOR HISTORY : A.8508 2005, Died in Governmental Operations Committee. A.6532 2008, Referred to Governmental Operations Committee
FISCAL IMPLICATIONS : To be determined.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3815 2009-2010 Regular Sessions IN SENATE April 1, 2009 ___________Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the military law, in relation to authorizing additional paid leave for state correction officers who are absent on military duty THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 242 of the military law, as amended by chapter 161 of the laws of 1984, is amended to read as follows: 5. Pay for military duty.
[Every](A) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, EVERY public officer or employee shall be paid his OR HER salary or other compensation as such public officer or employee for any and all periods of absence while engaged in the performance of ordered military duty, and while going to and return- ing from such duty, not exceeding a total of thirty days or twenty-two working days, whichever is greater, in any one calendar year and not exceeding thirty days or twenty-two working days, whichever is greater, in any one continuous period of such absence. (B) EVERY CORRECTION OFFICER EMPLOYED BY THE DEPARTMENT OF CORRECTION- AL SERVICES SHALL BE PAID HIS OR HER SALARY OR OTHER COMPENSATION AS SUCH CORRECTION OFFICER FOR ANY AND ALL PERIODS OF ABSENCE WHILE ENGAGED IN THE PERFORMANCE OF ORDERED MILITARY DUTY, AND WHILE GOING TO AND RETURNING FROM SUCH DUTY, NOT EXCEEDING FORTY DAYS OR THIRTY WORKING DAYS, WHICHEVER IS GREATER, IN ANY ONE CALENDAR YEAR AND NOT EXCEEDING FORTY DAYS OR THIRTY WORKING DAYS, WHICHEVER IS GREATER, IN ANY ONE CONTINUOUS PERIOD OF SUCH ABSENCE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08648-01-9