New York Military Leave Policy

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Multi-State
Control #:
US-227EM
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Description

This form may be used by companies to initiate a military leave policy. This form may be modified as needed.

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FAQ

Annual Leave: Active duty Service members earn 2.5 days of annual (chargeable) leave for each month of service, for a total of 30 days per year. Currently, Service members can bank up to 60 days of leave at the end of the fiscal year.

No. As stated previously, an employer may not require documentation for notification prior to military duty. Further, an employer does not have a"right of refusal" for military leave of absence, so long as the employee has not exceeded the 5 years of cumulative service provided under USERRA.

Types of Military Leave 5 U.S.C. 6323 (a) provides 15 days per fiscal year for active duty, active duty training, and inactive duty training. An employee can carry over a maximum of 15 days into the next fiscal year.

Unused military leave may be carried over into a succeeding FY year providing for a maximum balance of up to 240 hours (or 30 days) during a FY. If the carried over military leave is unused by the end of the current FY, it is forfeited and may not be restored for use.

The FMLA generally provides qualifying employees of covered employers with up to 12 weeks of unpaid leave per year to care for their own or a family member's serious medical condition.

The DOD knows that leave is essential to the health and welfare of the force, and that the Covid-19 pandemic has significantly reduced service members' ability to take leave. In April 2020, the DOD authorized service members to accrue and retain an additional leave balance of up to 120 days.

A. Department commanders may grant terminal leave up to 90 days. Requests for terminal leave in excess of 90 days must be submitted to CMC for approval.

Members of the U.S. armed forces reserves or U.S. military veterans may take unpaid time off for state or federal military training or duty. Once their leave is over, these employees are entitled to reinstatement to their former positions or a similar position with the same status, pay, and seniority.

Cashing In Leave Leave is valued at 1/30 of base pay per day cashed in. No other allowances, such as BAH or BAS, are included in the value of leave.

Current as of Jan. As part of the military pay and benefits package, military service members earn 30 days of paid leave per year.

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New York Military Leave Policy