Chapter 19 PERSONNEL POLICIES, PROCEDURES, RULES AND REGULATIONS*
Section 19-127 Military leave; temporary training periods.
(a) Any employee enlisting or inducted into the Armed
Forces of the United States or who
as a member of a Reserve or National Guard Unit is
obligated to perform military service in
excess of one hundred eighty (180) days
in the Armed Forces and who satisfactorily completes
such service and makes application for reemployment within ninety (90) days of release from
active duty shall be returned to city employment.
Obligated military service of thirty-one (31)
days or less requires a service member to return to work the next scheduled work day with
allowances for safe travel time and eight (8) hours rest. Periods of service of thirty-one (31)
to
one hundred eighty (180) days duration require the employee to notify the city of intent to return
to a position of employment within fourteen (14) days of release from duty.
The employee shall
be entitled to the same pay, status and seniority the employee would have had if the employee
continued employment, except that the employee shall not accrue vacation, holiday or sick leaves
during the period the employee is absent from city employment. The employee shall not be
eligible for automatic reinstatement under this section if
the employee
reenlists in other than a
Reserve component of the Armed Forces after
exceeding five (5) years of cumulative qualifying
service
.
(b) Any employee who is a member of a military reserve
or National Guard unit shall be
entitled to leave without loss of time, pay or regular leave or any other benefits for all periods of
military services in the service of the state at the call of the governor and as ordered by the
adjutant general without regard to length of time, and for military services in the service of the
United States for a period not to exceed a total of one hundred twenty (120) work hours in any
federal fiscal year. Employees shall be entitled to full compensation (based on an hourly daily
rate of eight (8) hours, not exceeding forty (40) hours in a week; or for shift fire employees based
on two (2) 56-hour average work weeks; and in any instance excluding overtime) for what would
otherwise be normally assigned work hours during the one hundred twenty (120) work hours of
military assignment. The minimum time period charged to military leave shall be one (1) hour
increments. All employees must present orders to their supervisors in order to obtain
paid
leave.
(c) Any employee who is a member of a military reserve
or National Guard unit who
receives training in excess of one hundred twenty (120) work hours, and not at the call of the
governor and in the service of the state as set out above shall be entitled to leave without pay for
the duration of the training. An employee entitled to leave without pay shall not accrue any
leaves while receiving military leave without pay, but shall not lose any previously accrued
leaves and shall return to the same
position if still in existence if leave is for less than ninety-one
(91) days
or another position similar in pay, seniority and status
if leave exceeds ninety (90)
days
. While on military leave without pay
for thirty-one days or more,
the employee shall not be
covered by the city's medical benefits and may only continue family medical benefits by paying
the appropriate premiums.
(Ord. No. 12933, § 1, 4-1-91; Ord. No. 17545, § 1, 1-6-03;
Ord. No. 19677, § 1, 9-17-07
)
Editor's note--Ord. No. 12933, § 1, passed on April 1, 1991, repealed § 19-127 derived
from
Code 1964, § 22.740 and Ord. No. 9994, § 1, passed on November 11, 1983, and enacted a new
section 19-127 as herein set out.
(Ord. 19677, Amended, 09/17/2007, Prior Text; Ord. 17545, Amended, 01/06/2003, Prior Text)