Leave Without Pay

NYSHIP can still provide coverage while you’re on leave without pay. Plan ahead to get the most coverage.

When you go on leave without pay, you may still be eligible for NYSHIP coverage. This page provides a brief summary regarding some situations. Your General Information Book is the binding document that states the specific NYSHIP rules.

In every situation, speak with your HBA or Agency Contact for specifics. 

Authorized Leave Without Pay

If you’re on authorized leave without pay, you are eligible to continue your NYSHIP coverage. You must pay both the employee and employer share of the premium.

Family and Medical Leave Act (FMLA)

Under FMLA, eligible workers are entitled to an approved maximum of 12 weeks of unpaid leave annually for specific family and medical reasons. While on FMLA leave, you are eligible to continue your NYSHIP coverage. You will only be responsible for the employee share of the premium.

Disciplinary Suspension

Disciplinary suspension provisions for represented employees are determined in accordance with each union’s current contract with New York State.

Workers’ Compensation Leave

If you’re absent from work due to an approved work-related injury, illness or occupational condition, you are eligible for NYSHIP coverage.

You will be eligible for NYSHIP coverage at the employee share of the premium for up to 12 months per injury, illness or occupational condition. There are some exceptions and extensions, depending on your situation and/or your representing union.

Controverted Work-Related Injury

If there is an ongoing dispute regarding your injury, illness or condition, you may continue your NYSHIP coverage. However, you will be responsible for both the employee and employer share of the premium.

If the controverted work-related injury is accepted, speak with your HBA or Agency Contact regarding your NYSHIP coverage.

Military Leave

You may be eligible to continue coverage for yourself and/or your covered dependents while you are on military leave. Your NYSHIP coverage while on military leave is subject to applicable state and federal laws and executive orders or negotiated agreements.

Annual Obligation 

While you are on military leave to meet your annual obligation as a member of the Reserves or a National Guard unit, you pay only the employee share of the premium to continue Family coverage.

Leave for Active Duty 

If you are a member of an Armed Forces Reserve or a National Guard Unit called to active duty by a declaration of the President of the United States or an Act of Congress, your dependents will be eligible to continue coverage if you had Family coverage for at least 30 days before your activation. You may be entitled to continue coverage for your dependents at no cost.

Suspending or Canceling Coverage

You can suspend or cancel your NYSHIP coverage while on leave without pay. However, if you die while your coverage is suspended or canceled, your dependents will have no right to continue coverage as dependent survivors.

Reenrolling

You may reenroll in NYSHIP coverage while on leave or when you return to work. In most cases, there will be a waiting period before coverage is in effect. Speak with your HBA or Agency Contact regarding your specific situation.

Related Publication