senate Bill S279

2013-2014 Legislative Session

Grants public officers and employees up to 60 total days or 44 working days of paid leave for military ordered duty

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to veterans, homeland security and military affairs
Jan 09, 2013 referred to veterans, homeland security and military affairs

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S279 - Bill Details

See Assembly Version of this Bill:
A5919
Current Committee:
Law Section:
Military Law
Laws Affected:
Amd ยง242, Mil L
Versions Introduced in 2011-2012 Legislative Session:
S4440, A7145

S279 - Bill Texts

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Grants public officers and employees up to 60 total days or 44 working days of paid leave for military ordered duty.

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BILL NUMBER:S279

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:
2011-2012: S.4440 Reported from Veterans, Homeland Security, and
Military Affairs. Reported to Finance

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   279

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  LARKIN, ADDABBO, AVELLA -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Veter-
  ans, Homeland Security 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.
                                                           LBD01357-01-3

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