Frequently Asked Questions

Military Part Pay

Q. Who is eligible?

A. State employees of the Executive, Legislative or Judicial Department are as follows: Elected Officials, Officers, and full-time (non-permanent and permanent).

Q. What are the benefits?

A. 1. Health Insurance Benefits - For the duration of the time the State employee is on said military leave, they and their dependents may continue their existent State group health insurance including medical and/or dental coverage by continuing to pay the employee share of the premium due.

2. Full Pay - Leave of absence with pay for thirty calendar days beginning the date full-time employees are called to active service. Paid leave applies to a calendar year. If the call-up continues into the next calendar year the employee is eligible for another thirty calendar days of paid military leave starting January 1.

3. Part Pay - After the expiration of the thirty calendar day full the employee is paid the difference between the employee&'s base rate of pay plus longevity, and the total compensation the employee receives for such active military service. The employee would be entitled to "part pay" for his/her primary State position only. Eligibility for "part pay" is contingent on the fact that the employee receives no other full pay from the State.

4. Vacation, Equivalent Leave and Sick Accruals - Eligible employees who have been activated in the military will continue to accrue all vacation time, equivalent leave time and sick time to which the employee would be entitled if he or she had continued working in his or her state position during the time of active military service and will be credited with the accrued vacation time, equivalent leave time or sick time. If these accruals of leave time cause the employee to exceed any limit on leave, then the accrual limits will be temporarily waived to allow the employee to use the excess leave time before the later of the following: (A) from the date of the state employee&'s discharge from active service until that state employee returns to state employment, (B) not later than one hundred twenty calendar days after the state employee returns to employment, or (C) not later than one hundred twenty calendar days after the employee is credited with the excess leave time
 
5. Additional Criteria - The state employee is not required to exhaust accrued vacation time, equivalent leave time or sick time to be eligible for the paid leave of absence and part pay. Equivalent leave time means leave time classified as other than vacation time or sick time and includes, but not limited to, leave time classified as recess rather than vacation time.

Q. Why do I need to send every Leave Earnings Statement to my agency?

A. Failure to do so could result in over/under payments. The intent of the statute is to make sure the employee has been paid as though he/she had never been on military leave.

Q. When does the part-pay begin?

A. After the expiration of the thirty calendar days from the activation date.

Q. What should be included in the calculation of the part-pay?

A. The employee's base rate of pay, plus longevity, in the employee's primary State position.

Q. What does the agency do when the employee returns?

A. Take the following steps to perform this reconciliation:

1. Obtain copies of the employees&' Leave and Earnings Statements covering the period that they were in active military duty status.
 
2. Calculate total gross military compensation. Gross military compensation would include, (but is not limited to) base military pay and special pay which includes enlistment and re-enlistment bonuses. Other items not included on gross military compensation are (BAH) housing, (BAS) subsistence, (OHA) overseas housing allowance and travel allowances.
 
Please Note: Combat Zone Exclusions: Enlistment and re-enlistment bonus payments and imminent danger/hostile fire pay that occurs at the time when service is in a combat zone are excluded from gross military compensation.
 
3. Determine the gross military compensation paid for the first thirty calendar days of each year of active military duty. Subtract this amount from the gross military compensation.
 
4. Subtract compensation received as a reimbursement of expenses. The remainder will be considered the adjusted gross military compensation.
 
5. Calculate the total amount of "part pay" paid to the employee.
 
This can be arrived at by determining the number of pay periods in which the part pay was paid and multiplying that number times the amount of part pay.
 
6. Determine the amount of what the State pay would have been for the same period, less the compensation received for the first thirty calendar days of each year of active military duty.

7. Add the amounts of step 4 and step 5, subtract the amount from step 6.
 
8. If the amount calculated in step 7 is less than the adjusted gross military compensation (step 4), the employee has been underpaid. The difference is to be paid to the employee as a lump sum payment.
 
9. If the amount calculated in step 7 is greater than the adjusted gross military compensation (step 4), the employee has been over paid. The difference is to be repaid by the employee. Take the necessary steps, as outlined in the employee&'s collective bargaining contract or as prescribed by State policy, to obtain repayment from the employee.

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