Section 19-127 Military leave; temporary training periods.
Prior to the adoption of Ord. 19677 on 09/17/2007, Section 19-127 read as follows.
permanent 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 called to active duty
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 in a position of
pay, seniority or status to the position the employee left.
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)
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 he
reenlists in other than a
Reserve component of the Armed Forces after the end of his first enlistment
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
(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.
If, however, the employee must go on active duty in the United
States Armed Forces to receive such training, the employee shall not be entitled to leave without
pay but rather to reemployment as set out above. An employee entitled to leave without pay
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
exceeds ninety (90) days
. While on military leave without pay
for thirty-one days or more,
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)
Editor's note--Ord. No. 12933, § 1, passed on April 1, 1991, repealed § 19-127 derived
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.