Leaves of Absence

This page was last updated on October 10, 2024 at 4:24 PM.

Adjustment of Personal Affairs Leave

Leave of absence for the adjustment of personal affairs is available to permanent competitive, non-competitive administrative employees who must attend to situations of grave nature.

Additional Information

This leave may be granted for up to one year. Full-time employment is prohibited while on this leave of absence. This leave of absence is without pay; however, administrative employees may charge absences at the commencement of the leave to any available compensatory time or annual leave balances available to them.

This leave is available to all employees who are permanent competitive or non-competitive employees. Pedagogical managers are also eligible for this leave type. 

Approval of this leave is granted at the discretion of the agency and requires compelling documentation to support the need for this leave. (Note: For a leave of absence for adjustment of personal affairs, the situation must be one of a grave nature, requiring full-time attention – one for which no other person is available).  

Most groups of administrative employees may submit their application in SOLAS for Adjustment of Personal Affairs Leave. 

For more information, contact your Human Resources Director. 

Child Care Leave of Absence

Overview

Child Care Leave may be available to the natural or adoptive parent of a child under the age of four.

Additional Information

Child Care leave is without pay; however, administrative employees may charge absences at the commencement of the leave to any compensatory or annual leave balances available. Sick leave balances may not be utilized for child care leave.

If both parents are employed by the Department of Education, only one may be on a leave for Child Care at a given time.

Full-time employment if prohibited while on Child Care Leave of Absence.

Requests

Application for Child Care Leave should be made in SOLAS at least 30 days before the commencement of the leave, when possible, to allow the division to plan for work coverage.

Employees registered as domestic partners with the City Clerk's Office may request a child care leave by submitting proof of Domestic Partnership.

Child Care Leave and FMLA

Child Care leave may be a FMLA-qualifying event and runs concurrently with Family and Medical Leave Act (FMLA) Leave. For additional information regarding FMLA leave, please refer to the section on FMLA.

Duration of Child Care Leave and Civil Service Status

Non-Permanent Administrative Employees

Non-permanent administrative employees are eligible for a leave of absence for child care through FMLA for up to twelve (12) weeks. Note: Child Care Leave taken under the Family Medical Leave Act must be concluded within twelve weeks after the birth, placement for adoption, or placement for foster care of the child.

Permanent / Non-Competitive / Original Jurisdiction/ Pedagogical Managerial Employees

Permanent Competitive, Non-Competitive, Original Jurisdiction and Pedagogical Managerial employees are eligible for a leave of absence for Child Care that terminates no later than four years after its commencement or upon the child’s fourth birthday, whichever occurs first. There is a minimum service requirement of one year of one (1) year of appointed service to be eligible for a leave of absence for Child Care beyond the twelve (12) week FMLA entitlement.

Other Leaves for Child Care

Paid Parental Leave - Managerial and Original Jurisdiction (OJ) Employees

For information regarding Paid Parental Leave, please refer to the section entitled Paid Parental Leave - Managerial and Original Jurisdiction Employees.

Paid Family Leave - Represented Employees, Managers and Original Jurisdiction Employees

For information regarding Paid Family Leave, please refer to the section entitled Paid Family Leave - Represented Employees, Managers and Original Jurisdiction Employees.

Family and Medical Leave Act – (FMLA)

The Family and Medical Leave Act (FMLA) entitles eligible DOE employees to the following: 

A total of twelve (12) weeks of leave  with medical benefits in a rolling 12-month period for the birth of a child and/or care of an infant; the placement of a child with the employee for adoption or foster care; the care of a seriously ill spouse, child or parent or the employee’s own serious health condition which makes the employee unable to perform their job functions. To qualify for FMLA, employees must have completed twelve (12) months of continuous City/DOE service and have worked 1250 hours within the past twelve (12) months. 

Employees may utilize sick leave, annual leave, and compensatory time for their own serious health condition. The use of sick leave is not permitted for the care of family members.

For more information regarding eligibility requirements and the application process, visit the HR Connect Web Portal.

Military Service Leave of Absence

Overview

Under New York State Military Law, section 242(5-a), an employee is entitled to receive their City salary while on leave for ordered military duty, not to exceed 30 workdays in any one calendar year or in any one continuous period of military service. Employees do not have to repay salaries earned during this statutory entitlement.

Employees are permitted a leave of absence to serve in one of the following uniformed services:

  • The National Guard
  • The full-time or reserve components of the Army, Navy, Marine Corps, Air Force or Coast Guard
  • Any other category of uniformed services named by the President during a war or national emergency

There is no minimum DOE service requirement.

Employees are entitled to leave for military duty if they are called to perform involuntary service in a uniformed service for any one of the following:

  • Active duty
  • Training
  • Weekend drills
  • Summer camp
  • Fitness-for-duty examinations

Length of Military Leave

The combined length of an employee’s military leave may not exceed five (5) years from the first day of military service, with the only exceptions being those outlined in the Uniformed Services and Reemployment Rights Act (USERRA).

Applying for Military Leave

Employees should notify their supervisors well in advance of the requested leave for military duty. The request should be submitted in SOLAS, and the military orders and contact information (one contact must be a military contact while the employee is on military duty) must be included with the leave application. Employees may utilize annual leave days if the length of their military duty exceeds thirty workdays of statutory paid leave per year.

Employees will remain on health benefits while in pay status and will be eligible to continue receiving health benefits for up to four months under the provisions of SLOAC (Special Leave of Absence Coverage).

Military Service Operations Leave

Employees of the City of New York who are serving in ordered military duty in a covered operation are eligible for the Extended Military Benefits Program (EMBP), where employees receive the difference between their City salary and military pay when the military pay is less than the City salary with no repayment required.

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

Participation in the EMBP is voluntary. Employees may choose not to participate. All qualified employees serving in the military will receive the statutory 30-day entitlement and may utilize annual leave and compensatory balances upon request. Employees will remain on health benefits while in pay status and will be eligible to continue receiving health benefits for up to four months under the provisions of SLOAC (Special Leave of Absence Coverage). When statutory pay, annual leave, compensatory time, and SLOAC have been exhausted, the employee will remain on unpaid leave of absence with no benefits until their return to service.

For more information regarding ordered military duty and the Extended Military Benefits Program (EMBP), go to the HR Connect Web Portal and the DCAS EMBP web site.

Returning to Work from Military Leave

Employees returning from military leave must return to work or may apply for an additional period of unpaid leave of absence in SOLAS before returning to work, based on the following USERRA time restrictions:

Military Leave of less than 31 days - The employee must report to work on the first regularly scheduled work day following the completion of military service; no application for additional leave of absence is required.

Military Leave of more than 31 days but less than 180 days - The employee must return to work or may apply for unpaid leave of absence for a period of up to 14 days after completion of military service.

Military Leave of more than 180 days - The employee must return to work or may apply for unpaid leave of absence for a period of up to 90 days after completion of military service.

Paid Family Leave – Represented Employees, Managers & Original Jurisdiction Employees

DOE employees in titles represented by unions that have collectively bargained an agreement to opt into New York State Paid Family Leave Benefit may be eligible to take up to twelve (12) weeks of Paid Family Leave (PFL).  Health insurance will remain active during PFL, regardless of the employee’s FMLA eligibility. The employee is responsible for any co-pays and/or employee contributions for health insurance. 

Note: Some unions have negotiated separate PFL agreements.

PFL is an employee-funded insurance policy that provides job-protected, paid time off to bond with either a newly born, adopted, or foster child, to care for a family member with a serious health condition, including preparation and recovery from surgery related to organ or tissue donation; or to assist loved ones when a family member is deployed in a foreign country on active military service. Each Collective Bargaining Unit has a specific effective date for this benefit. 

Pursuant to Mayor’s Personnel Order (“MPO”) 2024/1 and 2024/2, Managers and Original Jurisdiction (OJ) employees are also eligible for PFL benefits as of May 5, 2024.

More detailed information regarding Paid Family Leave can be obtained on the HR Connect Web Portal. Eligible DOE employees can submit their applications for Paid Family Leave on SOLAS

Paid Parental Leave – Managerial and Original Jurisdiction (OJ) Employees

Paid Parental Leave (PPL) provides eligible employees with up to twelve (12) weeks of  paid time off for the birth of a child (a non-birth parent is eligible for this leave), adoption, and foster care, at 100% of their salary. This leave is available to DOE administrative employees who are Managerial and employees serving in Original Jurisdiction (OJ) titles who are in active pay status.

There is no minimum service requirement for Paid Parental Leave (PPL). Employees are immediately eligible for PPL after being hired, provided the qualifying event occurs after the official hire date. 

Detailed information regarding the application process can be found on the HR Connect Web Portal. Administrative employees can submit their application for Paid Parental Leave in SOLAS.

Restoration of Health

Long Term

DOE administrative employees seeking long term leave of absence (leave of absence of over 10 business days) for restoration of health purposes may submit their leave request and supporting documentation in SOLAS for review and approval.

Restoration of health leave is available to administrative employees after completing one year of continuous City/DOE service. Employees must submit a leave of absence request accompanied by medical documentation stating the prognosis, diagnosis, and probable length of the leave. It is not necessary for the employee to provide this documentation to their supervisor. The reason for the leave must be an FMLA-qualifying event and is counted towards the employee’s FMLA entitlement. Employees are permitted to utilize their leave balances and may be eligible for SLOAC (Special Leave of Absence Coverage) for up to four (4) months of health benefits after their paid leave ends.

For more information and to apply, go to the HR Connect Web Portal.

DOE Grant

Permanent and Non-Competitive employees having ten (10) years of continuous service in a New York City public agency may, at the discretion of the Chief Human Resources Officer (or designee), Division of Human Resources, be granted sick leave with pay for three (3) months after all accruals have been used. The Restoration of Health Grant is not available to Provisional employees.   

In special instances, sick leave with pay may be further extended for one (1) additional three (3) month period with the approval of the Chief Human Resources Officer (or designee), Division of Human Resources. 

Sick leave with pay is granted for a maximum of six (6) months, regardless of years of service after a ten (10) year period. In exceptional circumstances, permanent employees with less than ten (10) years of New York City public agency service may make a special request to the Chief Human Resources Officer, Division of Human Resources (or designee) to be granted sick leave with pay as set forth above.  

The Chief Human Resources Officer (or designee), Division of Human Resources will be guided in this matter by the nature and extent of illness and the length and character of service. The Division of Human Resources may request and receive such medical information and recommendations as it deems necessary to properly exercise its discretion. 

Administrative employees may apply for the Restoration of Health (DOE Grant) in SOLAS.

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