Prior to the adoption of Ord. 19677 on 09/17/2007, Section 19-127 read as follows.


    (a)     Any 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 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 in a position of like 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) 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 he the employee  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 this 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. 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 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)

     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.