PA/ID 7-75 1. PURPOSE 1.1 To assist members in honoring their military service obligations due to a Reserve or National Guard affiliation, or due to enlistment in the Armed Forces, by facilitating the granting of Military Leave and the member s return to active duty upon completion of military service. 2. POLICY 2.1 This policy sets forth the Department s requirements for Military Leave and other military benefits for members serving in the National Guard and Reserves, and addresses how these benefits will be administered. This policy also applies to members serving in the Armed Forces, although such members may not be entitled to certain benefits. 2.2 Members who receive orders for military drills or other ordered military training, or who are activated for military service in the National Guard or Armed Forces Reserves, are eligible for Military Leave and certain other benefits authorized by the New York State Military Law, City personnel policies, and other applicable laws, rules and regulations. These benefits may include the Military Leave Entitlement and the Extended Military Benefits Program (EMBP). 2.3 Members who enlist in the Armed Forces are entitled to a leave of absence and other protections accorded military personnel and veterans. Such members, however, are not entitled to participate in the Extended Military Benefits Program (EMBP) or receive the Military Leave Entitlement of 240 hours per calendar year. Other leaves such as Vacation Leave or Compensatory Time may be utilized. 2.4 The Fire Department interprets and administers these provisions in accordance with the requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA) (38 USC 4301 et seq.), where applicable. 3. MILITARY DESK 3.1 The Fire Department maintains a Military Desk within the Bureau of Personnel Resources that administers Military Leave and other issues affecting members serving in the military. The Military Desk can be contacted by calling (718) 999-2655 or, when instructed by this policy, faxing forms and/or documentation to (718) 999-7137. 1
3.2 It is not necessary to contact the Military Desk for routine Military Leave issues, which should be submitted in accordance with this policy. Requests for Military Leave should be submitted through the member s work location via the chain of command. 4. COMPUTATION OF 4.1 Members placed on Military Leave to fulfill service obligations with the National Guard or Reserves may be eligible for a maximum of 240 hours of paid Military Leave per calendar year, not to exceed 240 hours in one continuous period of absence (Military Leave Entitlement). If such member s Military Leave will exceed the Military Leave Entitlement, the member may thereafter utilize other leave balances (i.e., Vacation Leave and Compensatory Time). Note: Members serving with the National Guard or Reserves whose military service is in connection with a covered operation (e.g. Operation Enduring Freedom, Iraqi Freedom) may be entitled to an additional period of City salary following the Military Leave Entitlement under the Extended Military Benefits Program (EMBP). 4.2 A member will be placed on Military Leave Without Pay (YLWOP) when the member exhausts available leave balances, or when the member requests YLWOP in lieu of utilizing leave balances. Members placed on YLWOP that is 14 days or less must utilize payroll designation TPR Event Code 3270 (Military Leave Charged to Leave Without Pay). YLWOP exceeding 14 days will be announced on a Department Order. All requests for YLWOP must be arranged through the Military Desk. Start and end dates for YLWOP must be properly submitted for members to receive proper pension credit and adjusted equated dates. 4.3 There is no yearly carryover of unused Military Leave Entitlement. 4.4 Excusals for partial tours are permitted for a minimum of 3 hours. If excusal for a partial tour results in a combination of Fire Department duty time and military duty time in excess of 24 consecutive hours, member must request excusal for the entire tour. 4.5 Vacation Leave may be interrupted by Military Leave only if notification of Military Leave is received before the start of Vacation Leave. Interrupted Vacation Leave must resume immediately upon return from Military Leave as determined by the Military Desk. The member will be granted a number of hours equal to the balance of Vacation Leave originally granted. The member shall follow the procedure for requesting Military Leave and shall also submit a letterhead report to the Chief of Uniformed Personnel via the Military Desk requesting such reimbursement. 5. MILITARY ENLISTMENT CONTRACTS 5.1 Members shall provide copies of their military enlistment contracts to the Military Desk prior to requesting Military Leave. 2
6. SCHEDULED MILITARY DRILLS AND OTHER ORDERED MILITARY TRAINING 6.1 A member serving in a Reserve or National Guard unit who must periodically report for scheduled military drills and/or training shall submit a copy of his/her military unit s drill and/or training schedule for the year, on government letterhead, to the Military Desk on or before January 1 st. If the military unit promulgates only a quarterly or semi-annual drill or training schedule, the member shall submit the schedule on or before the first day of the quarter or half-year. 6.2 The member shall provide the Military Desk with written notification on government letterhead of changes to the member s scheduled drill and/or training dates on or before the effective date that Military Leave is scheduled to begin. 6.3 Prior to a scheduled drill or training date, the member shall submit a Request for Military Leave form (BP-131) to the officer on duty at the member s Fire Department work location. The member shall indicate on the form any deviations from previously submitted drill and/or training schedules as noted above. The member shall also submit a copy of his/her military orders. 6.4 The member s Request for Military Leave form (BP-131) and copy of military orders shall be forwarded via the chain of command with sufficient time to be received by the Military Desk at least 72 hours before the start date requested for Military Leave. If time is a factor, the member shall fax a copy of Form BP-131, endorsed via the chain of command, and a copy of the member s military orders, to the Military Desk. A receipt will be returned by the Military Desk. 6.5 Upon completion of ordered military duty for drills and/or training lasting 30 days or less, the member shall: Report back to work for the member s next scheduled work tour no later than the beginning of the first full regularly scheduled work period on the first full calendar day following completion of Military service and expiration of 8 hours after a period allowing for safe transport; Submit a Confirmation of Service on form (BP-131) and a Certificate of Attendance issued by the member's military unit to the officer on duty at the member s Fire Department work location within 7 days of completion of military service. Note: If the duration of the member s ordered military duty for drills and/or training was greater than 30 days but less than 181 days, the member will have up to 14 days to submit a request to the Department to return to work; if the duration of the member s military service exceeded 180 days, the member will have up to 90 days to submit such application. 6.6 The officer receiving the member s Confirmation of Service on form (BP-131) and Certificate of Attendance shall promptly arrange for them to be forwarded to the Military Desk. 3
7. MILITARY ACTIVATION 7.1 A member who is activated for military duty shall notify the officer on duty at the member s Fire Department work location of such activation. The officer on duty shall notify the Military Desk of the date of activation. If notification is made outside business hours (Monday Friday, 0800 1600), the officer shall leave a message and a contact phone number. 7.2 If the member is unable to reach the member s work location, the member shall notify the Military Desk via Chief of Uniformed Personnel at 718-999-2161. When extreme circumstances exist, the member shall notify the Fire Department Operations Center at 718-999-7900. 7.3 When applicable, the Military Desk will fax the Election to Accept the Extended Military Benefits Program form (DP-2520) and Declination of the Extended Military Benefits Program form (DP-2531) to the member s work location. The selected form is to be signed and notarized by the member and returned to the officer on duty. 7.4 The officer on duty shall fax the following to the Military Desk and place the originals in the member s personnel folder maintained at the member s work location: Request for Military Leave form (BP-131); A copy of the member s military orders; and A completed, signed and notarized Election to Accept the Extended Military Benefits Program form (DP-2520) or Declination of the Extended Military Benefits Program form (DP-2531) for members fulfilling military service obligations with the National Guard or Reserves. Note: Members who decline to participate in or who do not qualify for the EMBP will be placed on Military Leave Without Pay (YLWOP) upon completion of the Military Leave Entitlement, if any, and, if the member elects, the utilization of any leave balances. 7.5 Members participating in EMBP shall also fax a copy of their most recent Military Leave and Earnings Statement (LES) from their branch of service to the Military Desk. LES must be dated within the previous ninety days. 7.6 The Military Desk shall retain copies of all forwarded paperwork in the member s Military Leave folder. 7.7 An EMBP package including the above forms will also be mailed to the member s home. 7.8 See http://www.nyc.gov/military for FAQ s on EMBP from the New York City Department of Citywide Administrative Services (DCAS) webpage. 7.9 EMBP eligibility shall be determined by DCAS. 4
8. MILITARY DEACTIVATION 8.1 Upon deactivation from military service and/or a member returning from active duty: 8.1.1 Member shall notify the officer on duty at the member s Fire Department work location of the member s intention to return to Fire Department employment within the following prescribed times: within 7 days of completion of military service for members whose military service was less than 31 days; within 14 days of completion of military service for members whose military service was more than 30 days but less than 181 days; within 90 days of completion of military service for members whose military service was for more than 180 days. The officer receiving notice of a member s deactivation or return from active duty shall promptly notify the Military Leave Desk by telephone. 8.1.2 Members enrolled in EMBP, an enhanced benefit available to qualifying members under New York State Military Law, must notify the Military Desk the next business day of completion of military service. 8.1.3 Members may be entitled to time off following conclusion of ordered military duty and prior to returning to a duty status under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Members will not be paid for this time unless they elect to use leave balances (i.e., Vacation Leave, Compensatory Time). 8.1.4 Within the time periods prescribed above, the member must contact the Military Desk with the member s date of military release, and forward a Certificate of Release (DD-214) to the Military Desk to begin the process of returning to full duty. Members who, prior to November 5, 2008, elected to participate in the EMBP Full Pay Repayment Plan must also provide the Military Desk with their military Leave and Earnings Statement (LES). Failure to timely submit required documentation may result in the member being considered AWOL for this period of time and result in loss of service time. 8.1.5 Members who served any time out of this country or were activated for more than six months must contact the Bureau of Health Services (BHS) at (718) 999-0221 or (718) 999-1948 to schedule a return-to-duty medical examination. 8.2 Members who have company medicals on dates of scheduled Military Leave will be rescheduled for their medicals through an officer at their Fire Department work location upon returning from Military Leave, unless the member is already subject to medical examination pursuant to the provisions of Section 8.1.5 above. 5
8.3 All military members requiring examination at BHS as provided above will be assigned Light Duty pending the results of the member's return-to-duty medical examination. 8.4 Members are reminded of the availability of counseling assistance through the Counseling Service Unit (CSU) for themselves and their families and are referred to PA/ID 1-84 for additional information. 8.5 All members below the rank of Battalion Chief, who were activated for a continuous period of 6 or more months, shall be scheduled for a retraining course at the Bureau of Training prior to returning to firefighting duties. 8.6 The Military Desk will discuss EMBP re-payment plan options with the member participant upon the member s return from activation, if applicable. 8.7 Members who wish to carryover Vacation Leave missed due to military activation shall submit a Request to Carry Over Unused Vacation form (BP-606) to the Chief of Uniformed Personnel. 8.8 Members may submit a Request to Carry Over Unused Roster Staffing Overtime form (FS-270) for Roster Staffing Overtime (RSOT) not worked due to military activation. As per PA/ID 1-90 Addendum 4, the Company Commander must forward a written request on letterhead to the Battalion Commander detailing the reasons for the carryover. 8.9 A member who misses a promotional examination due to military service is entitled to participate in a comparable examination upon return from military service provided that the member was otherwise entitled to take the original examination. The member shall request a makeup promotional examination within 60 days of restoration to the member s Fire Department position following the completion of military service. The member shall submit a request for the promotional examination to the New York City Department of Citywide Administrative Services (DCAS), Examination Service Section, 1 Centre Street, 14 th Floor, New York, NY 10007. For information, contact DCAS at (212) 669-1357. 9. FORMS/REPORTS 9.1 Relevant forms referred to herein include: Request for Military Leave (BP-131) Election to Accept the Extended Military Benefits Package (DP-2520) Declination of the Extended Military Benefits Package (DP-2531) Certificate of Release (DD-214) Request to Carry Over Unused Vacation (BP-606) Request to Carry Over Unused Roster Staffing Overtime (FS-270) Note: Forms are available under the Forms Link on the FDNY Intranet (http://www.fdny.org/fire/fd_forms_index.html). 6 Rev. 09/14/10
9.2 It is the responsibility of the member to provide all documentation required by this policy. 10. MILITARY VETERAN RESOURCES New York City Mayor s Office of Veterans Affairs 212-442-4171 American Legion Post 212-267-1998 United States Department of Labor 212-686-7500 ext. 7716 FDNY Veterans of Foreign Wars FDNYVFW@yahoo.com (VFW) Post 12033 http://www.fdnyvfw.com/default.php For information on the GI Bill for Apprenticeship Training, contact the Bureau of Personnel Resources at 718-999-1182. 11. AUDIT OF ATTENDANCE 11.1 In cooperation with military authorities, audits of Military Leave attendance will be conducted by the Bureau of Personnel Resources. Military Leave records are subject to review by the Bureau of Internal Audit, the Bureau of Investigation and Trials and the New York City Department of Investigation. BY ORDER OF THE FIRE COMMISSIONER AND CHIEF OF DEPARTMENT 7