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 New York State:
= The applicant must make full disclosure in writing of all New York State and local civil service examinations for which a military make-up test is being or will be requested. This information must be submitted to the Civil Service Office where you are requesting a military make-up examination. You are required to take all written tests in a series at the same time and place, so make-up examinations have to be coordinated.
= 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.