Education & Employment
Kansas State Employee Military Leave and Activation Pay
Thirty working days of paid military leave a year for a state employee in the Guard or reserves, plus, on a mobilization of more than thirty consecutive days, a pay differential of up to $1,000 a pay period and a one-time $1,500 activation payment.
Also called: military leave, thirty days, K.A.R. 1-9-7b, 75-3228, differential pay, $1,000, $1,500, activation payment, state employee, KPERS military service credit.
For: Veteran or service member.
Where it applies
Written for the jurisdictions listed here.
- KansasState
Leave. K.A.R. 1-9-7b: each state employee who is a member of a reserve component "shall be granted a maximum of 30 working days of military leave with pay for required military duty within each 12-month period beginning October 1 and ending September 30 of the following year". "Required military duty" is "any period of active duty, inactive duty, or full-time national guard duty, or any other appropriate duty status as determined by the director", so weekend drill counts, and working days rather than calendar days means a two-week annual training uses ten. Duty beyond thirty working days is charged to military leave without pay or, at the employee's request, to accrued leave.
Pay on a mobilization. K.S.A. 75-3228 covers a benefits-eligible state employee in the reserves or the Army or Air National Guard (the Public Health Service commissioned corps too) who is activated to full-time military duty and "mobilized and deployed in excess of 30 consecutive days in support of a military operation", on or after July 1, 2008, and who was a state employee when mobilized. Such an employee gets "a one-time activation gross payment of $1,500", and, when military base pay is less than state wages, the difference, "not to exceed $1,000 gross payment per pay period". The employee gives the agency a copy of the orders. The Department of Administration's Bulletin 09-02 explains that the earlier, smaller payments under Executive Directive 05-356 reached back to activations on or after September 11, 2001; the $1,500 and $1,000 amounts apply from July 1, 2008.
Retirement credit. KPERS credits military service that is immediately preceded and followed by work for a participating employer, up to five years to the extent USERRA requires (K.S.A. 74-4913), and lets a member buy credit for other active service, and a quarter year for each year of reserve service under 10 U.S.C. 651, up to six years in all (K.S.A. 74-4919h).
None of this displaces USERRA, whose reemployment rights and five-year service limit apply to state jobs as anywhere else; what Kansas adds is pay during the absence.
Thresholds
| Gate | Rule |
|---|---|
| A state employee in a reserve component or the National Guard | The leave runs to state employees who are members of a reserve component, National Guard included; the payments need benefits-eligible state employment when mobilized. |
| Thirty working days a year, October 1 to September 30 | Up to thirty working days of military leave with pay for required military duty within each twelve-month period. Duty beyond that is charged to leave without pay, or to accrued leave at the employee’s request. |
| Differential pay up to $1,000 a pay period | On a mobilization of more than thirty consecutive days since July 1, 2008, the state pays the difference between military base pay and state wages, capped at $1,000 gross per pay period. |
| A one-time $1,500 activation payment | For a state employee mobilized and deployed more than thirty consecutive days in support of a military operation on or after July 1, 2008. |
Sources
- K.A.R. 1-9-7b, military leave; service with reserve component of the armed forcesMirror
- K.S.A. 75-3228, state employees; military reserves; one-time activation paymentOfficial
- Kansas Department of Administration, Personnel Bulletin 09-02, Payment for Employees Activated to Military DutyOfficial
- K.S.A. 74-4919h, purchase of participating service credit for certain military serviceOfficial
Updated
Last updated .
What changed then:
- Eligibility rule “A state employee in a reserve component or the National Guard” now reads: “The leave runs to state employees who are members of a reserve component, National Guard included; the payments need benefits-eligible state employment when mobilized.”
- Eligibility rule “Differential pay up to $1,000 a pay period on thirty-day activations” renamed “Differential pay up to $1,000 a pay period”.
- Eligibility rule “Differential pay up to $1,000 a pay period” now reads: “On a mobilization of more than thirty consecutive days since July 1, 2008, the state pays the difference between military base pay and state wages, capped at $1,000 gross per pay period.”
- And 10 more changes.
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Disclaimer
VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.