Relief for State Employees on Active Military Duty
The State Personnel and Pension Article § 9-1107, Military Administrative Leave provides State employees that were on active military duty on July 1, 2003 or State Employees who are activated for military duty on or after July 1, 2003 may use Military Administrative Leave for active military duty, not including active duty training. This law was effective July 1, 2003 and allows State employees to be paid the difference between the employee’s military salary and the employee’s State salary while on active military duty.
To receive this Military Administrative Leave, employees do not have to exhaust their Annual, Personal and Compensatory leave or donate any leave hours to participate.
State Personnel and Pension Article § 9-1107 allows employees to use Military Administrative Leave (temporary employees not included) in the State Personnel Management System or an independent personnel system who:
* Is on active military duty on July 1, 2003, or activated on or after July 1, 2003;
* Is activated for military duty, not military training;
* Provides military orders that contain the employee’s name, dates for activation, and purpose/type of activation;
* Is on Leave Without Pay; and
* Provides military documentation of their current military salary.
The agency should assist activated employees with this process.
Once the agency has received the employee’s military salary information and has completed the top section of the worksheet, the agency should send the employee a notice stating the amount of leave hours to be paid each pay period. The employee should also be made aware that it is the employee’s responsibility to notify the agency of the termination date of their active military duty. If an employee fails to notify the agency of their deactivation, the employee may be responsible for reimbursement for the paid leave used while not on active duty status and may be subject to disciplinary action.
As a result of the passage of SB 34 in 2006, the Military Administrative Leave Program has been extended without an end date.