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.
Return to ASD home