Leave Policy

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SECTION 26.1. MILITARY LEAVE

City employees who are members of the National Guard, U.S. Air Forces Reserve, U.S. Army Reserve, U.S. Marine Corps Reserve, U.S. Coast Guard Reserve, or the U.S. Naval Reserve shall be granted military leave of absence with pay, in addition to vacation leave, when ordered to temporary active duty, multiple unit training assemblies, or when ordered to military training exercises conducted in the field for a period of not more than twenty-two (22) days during each calendar year.

SECTION 26.2. MILITARY LEAVE IN EXCESS OF 22 DAYS

For (40) Hour Employees. An employee working a forty (40) hour workweek who is entitled to military leave as provided in Section 26.1, and who is called to military duty for a period in excess of twenty-two (22) days in any one (1) calendar year, for each calendar year in which military duty is performed, because of an executive order signed by the President of the United States or an act of Congress, is entitled to additional paid leave during the period designated in the order or act. Such employee shall be paid his regular salary for the period of time so served less one day’s military base pay for each day he otherwise would have been scheduled to work for the City while on military leave with pay. A forty (40) hour employee who takes two (2) weeks’ military leave with pay will be away from his job Monday through Friday, both weeks, for a total of ten (10) Fire workdays. In that situation, he is paid by the military for fifteen (15) or more days. The offset from his regular salary will be determined by multiplying the daily rate of base pay by ten (10) in recognition of the ten (10) workdays missed and subtracting that sum from the regular two (2) weeks of fire pay. Weekend duty will not affect the forty (40) hour employee. This offset provision does not apply to paid leaves of twenty-two (22) days or less as provided in Section 26.1.

SECTION 26.3. MILITARY LEAVE IN EXCESS OF 22 DAYS for (3) Three Platoon Employees 

An employee working on the three (3) platoon schedule who is entitled to military leave as provided in Section 26.1, and who is called to military duty for a period in excess of twenty-two (22) days in any one (1) calendar year, for each calendar year in which military duty is performed, because of an executive order signed by the President of the United States or an act of Congress, is entitled to additional paid leave during the period designated in the order or act. Such employee shall be paid his regular salary for the period of time so served less one day’s military base pay for each twenty-four (24) hour scheduled tour of duty he otherwise would have been scheduled to work for the City while on military leave with pay. For three (3) platoon schedule employees taking military leave with pay for multiple unit training assemblies, military base pay for one unit training assembly shall be deducted from his regular salary for absences of less than twelve (12) hours of scheduled work; and the military base pay for two (2) unit training assemblies shall be deducted from his regular salary for absences of greater than twelve (12) hours of scheduled work. A three (3) platoon scheduled employee who takes two weeks’ military leave with pay, will be absent for at least five (5) fire work days during his two week tour of duty. This could vary depending on whether Monday is a Fire workday. The offset in this instance would be determined by multiplying the rate of daily military base pay by the number of twenty-four (24) hour fire work days for which the employee is regularly scheduled and is absent, and subtracting that from his regular two weeks fire pay. For the three (3) platoon employees only, when said employees take military leave with pay for multiple unit training assemblies, the military base pay for one unit training assembly shall be deducted from his regular salary for absences of less than twelve (12) hours of scheduled work; and the military base pay for two unit training assemblies shall be deducted from his regular salary for absences of greater than twelve (12) hours of scheduled work. This offset provision does not apply to paid leaves of twenty~two (22) days or less as provided in Section 26.1.

Section 26.4. Reemployment.

Reemployment of a member who leaves the employment of the City to serve in the Armed Forces of the United States America or any branch thereof shall be governed by the following principles: 1. An eligible member shall be reemployed in the position in which the member would have been employed if the continuous employment of the member had not been interrupted by the period of military service, or an equivalent position, provided that the member is qualified to perform the duties of such position. A member whose military sen/ice involves only military training shall be reinstated to his former position, not an equivalent position. 2. Any member who has entered the service as stated above, must request restoration to the position within ninety (90) days of receiving an honorable discharge from the Armed Forces or the position shall be declared vacant. Clothing contained in this subsection shall obligate the City to pay a member who is on military leave of absence. 3. The term “Armed Forces of the United States,” as used in this section, shall be deemed to include such services as designated by the Congress of the United States. 4. This subsection shall be interpreted and applied in a manner consistent with the provisions of the Uniformed Services Employment and Reemployment Rights Act, 38 U_S_C.4301 et seq.