September 20, 2001 
Human Resource Directors To: 
Joyce Villa From: 
Military Leave Subject:
In anticipation of mobilization which might take place over the next weeks 
and months, this is a brief summary of the laws, rules and regulations in place to 
protect and support employees who leave jobs to serve in active duty for the 
Military Reserves and the National Guard. 
Benefits for service men and women are found in Section 242 of the New 
York State Military Law, the newly executed Memorandums of Understanding 
between the State and employee unions, the collective bargaining agreements, and 
the federal Uniformed Services Employment and Reemployment Rights Act 
(USERRA, 38 U.S.C.A.§4301 - §4307). 
Paid Leave 
The New York Military Law provides 30 calendar days or 22 work days 
of paid leave per calendar year for employees activated for military service. The 
State will provide an additional 30 days of paid leave, called “Supplemental 
Military Leave”, for employees who are federally activated or activated by the 
Governor for military service in connection with the emergency stemming from 
the events of September 11, 2001. Employees on active duty may also use 
accruals other than sick leave during such absences. 
After an eligible employee exhausts the 30 days of leave provided under 
the Military Law, the 30 days of Supplemental Military Leave and any leave 
accruals other than sick leave, a leave at reduced pay is available. Employees in 
reduced pay status will be paid their regular State salary reduced by their military 
pay. The reduced State salary is calculated as of the employee’s last day in full 
pay status, and the military pay is calculated as of the first day of activation, and 
will remain unchanged during the entire period of activation. Supplemental 
Leave and Leave at Reduced Pay are available for service during the period 
September 11, 2001 through September 10, 2002. These entitlements are 
described in Memorandums of Understanding executed Wednesday with each of 
the unions that represents State employees.
Under the New York Military Law, time in active duty does not constitute 
an interruption of continuous service. 
Continued Health Insurance 
The collective bargaining agreements provide for continued health 
insurance for employees who are federally activated. Pursuant to the new 
Memorandums of Understanding, the State will provide the same benefit to those 
activated by the Governor from September 11, 2001 through September 10, 2002. 
Additional Benefits 
Pension membership must be maintained, and employee contributions will 
continue to be deducted from State salaries. In the event that State salary is not 
adequate to cover the required contribution, then eligible employees may 
contribute the difference up to five years after termination of military service. 
In addition to benefits accorded by the State, the federal Uniformed 
Services Employment and Reemployment Rights Act provides that employers 
provide up to five years of unpaid leave to eligible employees who are in active 
service. The Act also provides broad reemployment rights to employees who are 
called or who volunteer for active duty. As long as an employee applies for 
reemployment within the time limits specified in the USERRA, the employee is 
entitled to the job they would have had if they had not taken military leave. 
Under “escalator” provisions, if an employee would have received a promotion or 
a salary increase, he or she must be given those benefits upon return. The full 
reemployment and escalator entitlements are complex, and will be described in 
greater detail as events dictate. 
Please contact me with questions. As we develop answers, we will share 
them with all campuses as soon as possible. 
c: Chancellor King 
Mr. Miller 
Mr. Edwards 
Presidents, State-operated Campuses 
Vice Presidents for Finance and Business