Military Duty

Regular full and part time employees requiring a leave of absence for service in the uniformed services are provided leave and will be re-employed at the end of the leave. This policy covers those employees who enter active military duty voluntarily and extends to Reservists or National Guard members who are called to limited active duty or extended training duty, including regularly scheduled annual training and military summer camp training.

Request Procedure

You must provide written notice, using the Leave of Absence Request Form, unless notice is precluded by military necessity or is otherwise unreasonable or impossible. Failure to do so may result in loss of re-employment rights.

Pay and Benefits While On Leave

Military leave is unpaid. Employees may elect to utilize available PTO time for this leave. Employees may maintain health care insurance benefits for up to 36 months while on leave by paying the insurance premium through COBRA and NYC CoC.

Returning from Leave

Reservists, National Guard members and veterans returning from military service in the Armed Forces have and retain rights with respect to seniority, compensation and length of service pay increases, as noted below: If you are returning from a Uniformed Service Leave, you must report to work or request re-employment within prescribed time limits, which are based on the length of the leave:

1 to 30 days

You are expected to report to work on the first regularly scheduled workday following completion of training and you will be reinstated to the same position you held at the time the service leave began.

31 to 180 days

If you are a Reservist or National Guard member returning from initial active duty for training you must submit an application for re-employment within 31 days after release from service under honorable conditions. You will be returned to the same position held at the time the service leave began, provided the leave has been for less than 90 days in length. If 91 days or longer, when you return you will be reinstated to the same job, or comparable job in terms of like seniority, status and pay, as long as you are qualified to perform the duties.

181 days or longer

If you are returning from active duty in the armed services, you must submit an application for re-employment within 90 days after completion of satisfactory service. You will be reinstated to an equivalent position as long as you are qualified to perform the duties and the organization’s circumstances have not changed to the extent that it would be impossible or unreasonable to provide re-employment. When returning, you are required to provide documentation to verify your rights to re-employment, including your separation papers. Time limits for application for re-employment are extended for up to two years for disabled veterans.

Failure to file an application within the required time period forfeits the right to reemployment.