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Military leaves of absence

Educators who are serving or who have served in the U.S. military qualify for special leaves of absence and may be eligible for special benefits.

There are four types of military leaves that eligible employees may qualify for:

  1. Military leave with pay
  2. Military leave without pay
  3. Military caregiver
  4. Leave of absence without pay for spouse in military

If you are called for military leave, you will be credited with the same sick leave allowance (one Cumulative Absence Reserve day on the 16th of each month) that you accumulate when you are at school.

1. Military leave with pay

Employees called to duty for service in the U.S. military may be entitled to a 30-workday leave with pay. Military leave with pay is only available for military training or reserves or the following covered operations:

  • Operation Enduring Freedom
  • Operation Iraqi Freedom
  • Operation Noble Eagle
  • Operations specifically connected with Homeland Security

Those who qualify for a 30-workday military leave with pay may also apply for the Extended Military Benefits Program (EMBP).

2. Military leave without pay

Employees who do not qualify for the Extended Military Benefits Program (EMBP) will be placed on a military leave without pay starting with their first day of absence.

3. Military caregiver

If an employee's family member (spouse, child, parent or next of kin) is injured while on active duty in the military, the employee may qualify for an FMLA military caregiver leave, which entitles them to up to 26 weeks of FMLA leave.

4. Leave of absence without pay for spouse in military

All employees can apply for a non-medical leave of absence without pay in order to accompany a spouse who is on active military duty.

Applying for military leave (with or without pay) in SOLAS

  1. Visit the DOE's Self-Service Online Leave Application System at SOLAS.
  2. Log in using your network username (for example, JSMITH). This is the same username you use to log into the DOE network and matches your email address.
  3. Answer all required questions to complete the application.
  4. Review the required supporting documentation. All military leaves require a copy of the military orders. Employees that are serving in a covered military operation should also obtain most recent Leave and Earnings Statement (LES) from the United States Defense Finance & Accounting Service and a notarized Extended Military Benefits Program Enrollment Form (DP-2520).
  5. Upload the supporting documentation in SOLAS or fax the supporting documentation to SOLAS at 718-935-5175.
  6. Once you have completed the e-signature page, a confirmation will be sent to you. Please note that all communication concerning this leave application will be sent to your DOE inbox.

Extended Military Benefits Package Program

The Extended Military Benefits Package Program (EMBP) is not a leave of absence, but a benefit that is applicable to those eligible for a military leave with pay.

Employees of the city of New York who are serving in ordered military duty in a covered operation are eligible for the EMBP. This includes the following operations:

  • Operation Enduring Freedom
  • Operation Iraqi Freedom
  • Operation Noble Eagle
  • Operations specifically connected with Homeland Security

Members of the National Guard or Reserves who have orders for voluntary deployment do not qualify for the EMBP. Employees who voluntarily enlist on active duty are not eligible for participation in the EMBP, regardless of the language in their orders.

Employees who qualify for the Extended Military Benefits Program (EMBP) and apply for this benefit will utilize their statutory entitlement up to the first 30 work days (during a calendar year Jan. 1 to Dec. 31) from the first date of the leave request. Thus, this benefit only offers pay and benefits for the first 30 work days.

After the first 30 work days, the employee’s status is changed to military leave without pay unless the employee qualifies for differential pay (where employees receive the difference between their city salary and military pay with no repayment required) during such military service, unless DOE is otherwise obligated to pay the employee (state or federal mandate, for example).

As of November 15, 2008, the Extended Military Benefits Program has been changed to a differential pay plan, in which the employee receives the difference between their DOE pay and their military pay.

Applying for the EMBP

To apply and search for information on the Extended Military Benefits Package Program, please visit the Department of Citywide Administrative Services website. This site includes FAQs and important forms, including the enrollment form. Once you have completed the enrollment form, you must upload this document onto your leave application in SOLAS. If you are applying via paper enrollment, you must include the notarized form along with your application.