Grants public officers and employees up to 60 total days or 44 working days of paid leave for military ordered duty.
BILL NUMBER:S4440 REVISED 05/20/11
TITLE OF BILL: An act to amend the military law, in relation to granting public officers and employees paid military leave for sixty total days or forty-four working days
PURPOSE: This legislation would amend the Military Law to extend the period of time for which a public officer or employee shall be paid their salary or other compensation during periods of absence while they are engaged in the performance of ordered military duty not exceeding sixty days or forty-four working days, whichever is greater.
SUMMARY OF PROVISIONS: This legislation would amend Section 242(5) of the Military Law to increase paid leave when a public officer or employee is engaged in the performance of military duty from thirty to sixty calendar days and from twenty-two to forty-four working days, whichever is greater.
JUSTIFICATION: Due to the war effort there are now thousands more National Guard and Reserve personnel who require, and are undergoing military training. This has extended the amount of time required to train military personnel past the originally allotted 22 working days. However, the MTA and most employers, refuse to honor anything past 22 working days, and won't cover the increase in training hours, in their pay. As a result, when an employee has exhausted both their calendar and working day balances, the only way they can receive pay for ordered military leave is to use up their vacation, AVA's and personal leave days.
A solution to this problem would be to extend the currently covered leave period, to something greater than 22 working days. This bill would extend the current leave time from 22 working days to 44 working days, with a possible extension of up to 60 calendar days of leave, whichever is greater.
This would, if enacted, ameliorate the current situation, where members ordered to Military Duty, and who require more leave days for military training, would receive adequate compensation.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4440 2011-2012 Regular Sessions IN SENATE April 5, 2011 ___________Introduced by Sen. LARKIN -- 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 granting public offi- cers and employees paid military leave for sixty total days or forty- four working days 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 public officer or employee shall be paid his 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 returning from such duty, not exceeding a total of
[thirty]SIXTY days or [twenty-two]FORTY-FOUR working days, whichever is greater, in any one calendar year and not exceeding [thirty]SIXTY days or [twenty-two]FORTY-FOUR 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. LBD10537-01-1