VETERANS
MILITARY ACTIVE DUTY
Service in the military may
at times conflict with scheduled civil service examinations. Sections of the New York State Military Law
provide special rights for veterans and members of the armed forces who are
government employees, candidates on lists, or applicants awaiting examination.
A
military make-up examination is not limited to written tests. If you are unable
to appear for a medical, physical agility, performance, psychological or any
other type of examination, then you may be entitled to a make-up examination.
Military Law
Section 243-b(1)
Any member of the armed
forces who properly filed an application for a competitive examination within
the announced filing period, but was unable to participate in the examination
due to active military service, will be provided with a special make-up examination.
This applies to veterans covered by Section 242 or 243 of the Military Law, as
well as any other applicant who, due to active military service, was prevented
from participating in a competitive examination for which he/she timely filed
an application.
Section 243-b(2)
Any member of the organized
militia or reserves, who because of active military duty other than for
training purposes, missed the application filing period for an examination and
as a result is deprived of the opportunity to compete in an examination, shall
be given a special military make-up exam.
Section 243-b(3)
Any member of the organized
militia or reserves who, because of active military duty other than for
training purposes, missed the application deadline for a scheduled examination
and who returns from such duty prior to the administration of
such examination be granted a waiver of the application requirement and be
allowed to compete in the examination. A candidate who failed to file a timely
application due to military duty is not necessarily entitled to be tested on a
walk-in basis. Even if the candidate is available on the scheduled test date,
he or she may be required to compete according to alternate test date
procedures. A candidate who is entitled to take an examination under these
provisions may not necessarily be entitled to other benefits afforded to
military service members or veterans and disabled veterans pursuant to the New
York State Constitution or any other laws.
The candidate’s eligibility
for other military merit system benefits must be evaluated on a case-by-case
basis in accordance with the requirements established by the respective law. Such make-up examinations are not limited to
individuals employed in public service prior to entry into the military, but
include all applicants, whether they are current employees or not. An applicant
is not entitled to a make-up or comparable examination unless he or she has
qualified to compete as of the last filing date for the missed examination. In order for a military make-up examination
to be administered under Section 243-b, the eligible list resulting from the
original examination holding must still be in existence. A candidate eligible
for a military make-up test does not have to wait until discharge from active
duty to take the test. Completing the examination at the earliest possible
opportunity is advisable, since candidates who pass a military make-up
examination can only have their scores added to the existing eligible list for
the examination in which the individual was originally unable to participate.
Following are the conditions
for make-up examinations where the examination is prepared and rated by
= The
applicant must make full disclosure in writing of all
= The
applicant must sign the Alternate Test Date/Religious Observer Examination Affirmation
(MSD-392).
= The
applicant must submit a copy of his/her military orders, DD-214, or other
official military document to the appropriate Civil Service Office to substantiate
your active military service, at the time of the examination.
= The eligible
list resulting from the examination applied for must still be in existence.
Indicate the expiration
date of the eligible list for any test requested.
= Applicants
should be instructed to request a make-up examination as soon as possible after
release from active duty.
= Individuals
are not entitled to veterans’ or disabled veterans’ credit on a make-up or
comparable examination unless they qualified for such credit as of the last
filing date for the original examination.
Section 243-c
This section covers
individuals serving on active duty in the armed forces during the filing period
for a civil service examination, or individuals who have been discharged with
other than a dishonorable discharge after the filing period has commenced. Such
individuals must be permitted to file an application for examination no later
than 10 business days before the scheduled examination date, or the last date
to file, whichever is later. If qualified, the individual must be provided an
opportunity to compete in the examination under terms and conditions deemed
appropriate by the state or municipal civil service agency.
Section 243(5)
This section differs from
Section 243-b in that it applies only to current public employees who
return to a position after termination of military duty. In the event a promotion examination is held
while an employee who would be entitled to participate in the examination is on
military duty, the employee may have a right to participate in a comparable
examination when restored to his/her position. The employee must request a
comparable examination within 60 days of being restored to his/her position.
Under Section 243(5), the eligible list resulting from the original promotion
examination holding need not be in existence.
If the employee passes the examination his/her name may be placed on a
special eligible list, as discussed in the next section of this manual.
Section 243(7-b)
This section differs from
Section 243-b, as it applies to any person who has passed one or more parts of
an examination but has been prevented from completing the remaining parts of
the examination because of military duty. A request to complete the examination
must be made within 90 days of the termination of military duty, and the
candidate shall be given the opportunity to take a comparable examination.
Under Section 243(7-b), the eligible list resulting from the original
examination holding need not be in existence.