MARCH 2003
QUESTION OF THE MONTH
Q.
An
employee has been recently activated for the Reserves and
there is some confusion about pay. Must we pay him while on
military leave?
A.For
private sector employers covered under the federal Uniformed
Services Employment and Reemployment Rights Act of 1994 (USERRA),
there is no requirement to continue paying an employee who
has been activated.
Under
New York State Military law, public employees are paid their
wages when called to duty for up to 30 days or 22 working
days, which ever is greater.
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