Download BOCES policy on leaves of absences for military

First Supervisory District of Suffolk County
201 Sunrise Highway
Patchogue, New York 11772
Board
Policy
5351
Page 1 of 1
Leave of Absence for
Military Purposes
It is the policy of the Board to be in full compliance with all applicable Federal and New York
State laws related to employees who are ordered to perform military duty during their
employment, and to provide those employees with all the rights and emoluments available
under such laws.
In addition, after an employee has exhausted the military leave available under the New York
State Military Law, it is the policy of ESBOCES to:
1. extend the leave for the full term of ordered “military duty” as defined in §4303 of the
Federal Uniformed Services Employment and Reimbursement Rights Act (USERRA)
(38 U.S.C. §4301, et seq.), as it may be amended;
2. pay during such extended leave the difference between the remuneration received by
an employee from the military (military pay plus housing and food allowances) and the
regular salary that the employee would have received from ESBOCES if he/she were
not performing ordered military duty, unless such payment from the military equals or
exceeds the employee’s regular salary; and
3. continue during the extended leave such life, health, dental, and/or optical insurance
benefits as the employee would be entitled to as an active employee if he/she were not
performing ordered military duty, to the extent permitted by the plan(s).
References:
 NYS Military Law §242-243
 Federal Uniformed Services Employment and Reemployment Rights Act
First Adopted: 7/1/03
Readopted: 8/26/03
Readopted: 7/11/07