Per the Memorandums of Understanding between New York State and various Unions, employees who are called to active duty in support of the War on Terror who have exhausted their paid military leave provided by Section 242 of Military Law (22/30) are eligible to receive the difference in pay if the employee’s military biweekly earnings are less than their State biweekly earnings.
Leaves:
The agency must use the following Action/Reason code on the employee’s Job Record in PayServ:
- LOA/MLS (Mil Stip) places employees on an unpaid Leave of Absence and pertains to the following:
- Military Orders related to the War on Terror.
- Military Orders unrelated to the War on Terror, only if the employee performed military service in relation to the War on Terror and, in the same calendar year, exhausted all their military leave at full pay benefits then subsequently performed military training that is not related to the War on Terror.
In order for OSC to determine if an employee is entitled to a bi-weekly Military Stipend, the agency must provide the following to [email protected]:
- A copy of the employee’s Military Orders that pertain to the War on Terror (LOA/MLS only).
- A copy of the employee’s most recent Leave and Earnings Statement (LES).
- If an employee is going out again under the same orders that have been amended, a new LES is not required.
Stipend Calculation:
Once OSC receives the required documentation above, the following calculation will be performed to determine if the employee is entitled to a bi-weekly stipend:
- Determine employee’s normal bi-weekly state salary on the last active day prior to the LOA/MLS or LOA/MTS (comprised of the employee’s regular bi-weekly rate plus the bi-weekly rate of any LOC (LOP or LPO if State Police ONLY) and GEO being earned in Additional Pay.)
- Determine employee’s bi-weekly military rate (comprised of the Basic Pay, Basic Housing and Subsistence Allowance amounts as indicated on the employee’s LES documentation, converted to a 14-day basis)
- Subtract the normal bi-weekly state salary (determined in Step 1) minus the employee’s bi-weekly military rate (determined in Step 2).
- If the result is positive, this will be the employee’s bi-weekly military stipend.
- If the result is zero or negative, the employee is not entitled to a bi-weekly military stipend and will remain on LOA/MLS or LOA/MTS.
If OSC determines the employee is due a bi-weekly stipend based on the above calculation, OSC will change the employee’s Comp Rate Code to BIW on Position Data and insert a PAY/MLS row on the employee’s Job Data record with the stipend amount determined in Step 3. OSC will also enter any necessary Time Entry Transactions using Earnings Code MSP to pay retroactive stipend money, if applicable. OSC also will add a General Comment with bi-weekly stipend amount, approval and any retroactive MSP entered into Time Entry.
If the employee is not entitled to a stipend, they will remain on LOA/MLS. In addition, the agency must update the leave to LOA/MLL.
Return to Payroll:
When an employee is due to return to the payroll from a Paid Military Stipend leave, the agency must send OSC an Update Position form so that OSC can return the employee’s Comp Rate Code to the one they were at prior to their leave.
Once this position change is complete, the agency must then enter an RFL/RLV (Rein Leave) row on the employee's Job Data record as well as a PAY/CSL (Cor Sal) job request to input the employee’s annual salary. The agency should also restart any applicable Additional Pays.
Recalculation of Military Stipends:
Each year, OER must renew all applicable Memorandums of Understanding referenced above in order for the employee to continue receiving a stipend payment (if applicable). OSC will post an annual payroll bulletin to confirm this renewal as well as the recalculation of stipends that employees may be entitled to based on the terms of each agreement.
In addition, retroactive salary increases may impact the stipend an amount an employee is entitled to receive. Applicable payroll bulletins should be reviewed for further information.
Resources:
For more information regarding eligibility and benefits as it pertains to Military Leaves that are related to the War on Terror/Training Leaves at Reduced Pay, please refer to the following resources:
NYS Department of Civil Service Attendance and Leave Manual
NYS Military Law Sections 242 and 243
http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:
State Payroll Bulletins
Payroll Bulletin 276 - Payment of Military Stipend for events of 9-11-2001
Payroll Bulletin 333 - Training Stipend MilitarySection 21.12
Last Updated: 10/28/2025