New York Paid Leave for Combat Veterans in Public Employment
A New York State employee who served in a combat theater or combat zone gets up to five paid workdays a year, charged to no leave credit, for health care related to that service (Military Law 242(5)(b)); a city, county or other public employer may give the same by local law or resolution. Every public employee gets up to 30 days or 22 workdays a year of paid military leave.
Also called: paid leave, combat veteran, public employee, VA appointments, military leave, 22 days, DD214.
Military Law section 242(5)(b): "Every public officer or employee employed by the state of New York who served in a combat theater or combat zone of operations as documented by a copy of his or her DD214, certificate of release or discharge from active duty, or other applicable department of defense documentation, shall be paid his or her salary or other compensation ... for any and all periods of absence while utilizing any healthcare related services related to such duty, not exceeding five working days, in any one calendar year." The Department of Civil Service's Policy Bulletin 2019-01 put it into effect on April 1, 2019, without charge to leave credits; the days do not carry over, and care outside the work schedule earns no compensatory time. Subdivision 5(c) lets the governing body of a municipality, which is not bound by (b), give its own combat-veteran employees the same five days by resolution or local law; ask the employer whether it has.
There is no disability rating requirement, which matters: a veteran going through the claims process, or one whose claim was denied, has the same access as one already rated.
A separate and larger provision covers ordered military duty. Section 242(5)(a): every public officer or employee is paid for absence on ordered military duty, and travel to and from it, "not exceeding a total of thirty days or twenty-two working days, whichever is greater, in any one calendar year". State employees ordered to active duty also keep their health coverage and may receive supplemental pay on terms the State sets with its unions and renews each year; ask the agency's personnel office for the current terms.
New York also offers Paid Family Leave for military families, giving up to 12 weeks at 67% of pay to the spouse, domestic partner, child, or parent of a service member on active duty in a foreign country or under notification of mobilization, for deployment-related events, rest and recuperation, post-deployment activities, and financial, legal, or childcare arrangements.
The combat health care days are for State employees, and for local government employees only where their employer has adopted them; private-sector workers have USERRA and the State's military leave rules instead.
Thresholds
Thresholds for New York Paid Leave for Combat Veterans in Public Employment
Gate
Rule
Combat service and New York State employment
The gates are documented service in a combat theater or zone, shown by a DD-214 or Defense Department documentation, and employment by the State (or by a local employer that has adopted the same leave). No disability rating is required, so the rating filter never hides this benefit.
Eligibility rule “Combat service and New York public employment” renamed “Combat service and New York State employment”.
Eligibility rule “Combat service and New York State employment” now reads: “The gates are documented service in a combat theater or zone, shown by a DD-214 or Defense Department documentation, and employment by the State (or by a local employer that has adopted the same leave). No disability rating is required, so the rating filter never hides this benefit.”
Summary reworded.
And 4 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.