Personnel Policies and Procedures Section 300
311. Military Leave Revised: January 19, 2006-Effective October 1, 2005
An employee who temporarily leaves his or her job as a result of voluntary or involuntary service in the United States uniformed services is guaranteed certain reemployment rights and other job protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and state law. Notice of any such absence (oral or written) is required unless the employee is unable to provide such notice because of “military necessity”.
.1 Leave with Pay for Military Physical Examination
.11 Classified employees shall be granted time off with pay, not to normally exceed one (1) day inclusive of travel, for the physical examination prior to induction or entry into active military service or for veterans’ reevaluation physical examinations.
.12 In order to be granted such leave with pay, the employee shall provide to his or her department head or designee an official notice to report for physical examination. Leave for this purpose shall be classified as military leave.
.2 Military Leave for Training in a Reserve Unit or National Guard
.21 Classified employees shall be granted no more than three hundred (300) hours of paid leave per federal fiscal year (October 1 through September 30), travel time inclusive, when ordered for training as part of a reserve unit or any component of the Armed Forces or National Guard.
.22 Whenever possible, the employee shall present to the department head or designee a copy of the orders to report for Reserve or National Guard training prior to departure on leave. A copy of the orders shall be forwarded to the Human Resources Department. A Personnel Action shall be completed when military leave extends beyond four (4) consecutive workweeks to take the employee out of active status and stop leave accruals.
.3 Military Leave for Active Duty
.31 Classified employees shall be granted no more than three hundred (300) hours of paid leave per federal fiscal year travel time inclusive, when initially ordered to active duty other than training as part of a reserve unit or any component of the Armed Forces or National Guard. If an employee’s active duty call up date is late in the federal fiscal year and therefore does not allow the employee to receive the full 300 hours within the initial federal fiscal year, it is understood the 300 hours of paid leave may extend into the next federal fiscal year. Paid military leave for active duty shall be in addition to any military leave for training provided in 311.21. Military leave shall not be considered initiated until any expenditure of vacation leave and/or compensatory leave has been completed. The use of vacation or compensatory leave in this manner is voluntary and shall extend the employee’s normal employment status and benefits except as provided in 311.42.
.32 Any classified employee who enters the U.S. Armed Services (other than the National Guard or a reserve unit) directly from City employment shall be placed on military leave. Whenever possible, the employee shall present a copy of his or her orders to report for duty to his/her department head or designee, and these orders shall be forwarded to the Human Resources Department. The Personnel Action shall indicate “other leave” and under “remarks” shall state “Military Leave of Absence.”
.33 Based on this policy, departments shall discuss with Human Resources the appropriateness of filling vacancies caused by military duty.
.4 Benefits and Pension Provisions Regarding Military Leave in Excess of Thirty(30) Days
.41 Health and Dental Insurance – An employee may elect to continue his/her own health and dental insurance coverages for up to twenty-four (24) months after such absence begins, or the period of service, whichever is shorter at 102% of the full premium rate (employee plus City contributions) for employee coverage. An employee may elect to continue dependent coverage at the current dependent premium rate (employee contribution) for twelve (12) months after such absence begins. After the twelve (12) month period, dependent coverage will continue at 102% of the full premium (employee plus City contributions) rate for up to twelve (12) additional months.
Currently per administration approval the City is administering Section .41 as follows: An employee may elect to continue his/her own health and dental insurance coverages for the period of service by timely payment of the employee premium for employee coverage. An employee may elect to continue dependent coverage for the period of service by timely payment at the current dependent premium rate.
.42 Basic Life, Accidental Death and Dismemberment, and Long Term Disability - Coverages cease on the last day of the month in which such active duty begins.
.43 Dependent and Dependent Supplemental Life – An employee may elect to continue such coverage for twelve (12) months after such absence begins at full premium rate (employee plus City contributions).
Currently per administration approval the City is administering Section .43 as follows: An employee may elect to continue dependent coverage for the period of service by timely payment at the current dependent premium rate.
.44 Deferred Compensation – An employee may elect to continue contributions into his/her account and the City’s contributions will also continue during such absences. The employee may not, however, withdraw the account balance.
.45 Municipal Employees Retirement Plan (MERP) – Upon return to work, an employee shall receive full credited service for periods of military leave absence subject to prescribed USERRA return to work timeframe limitations.
.46 Vacation and Compensatory Leave – In lieu of the expenditure option provided in .31 above, an employee may elect to be paid in lump sum for any accrued vacation and/or compensatory leave or maintain his or her current accrual balance(s). However accruals cease during the period of military leave absence.
.47 Sick Leave – Accruals cease and an employee may not use any accrued sick leave during the period of military leave absence. No sick leave (retiree) conversion pay shall be available due to military leave.
.48 Flex Plan – An employee on military leave may continue participation in the flex plan up to the amount of income he or she has deferred during the City’s current fiscal year (and no later than September 30th of the preceding year). Additionally, an employee can elect to continue flex plan participation including contribution and expenditure subject to the limitation of expenditure of fund balance only.
.5 Return from Military Leave for Active Duty
.51 An employee returning from military leave shall request reemployment and report for duty per the following guidelines:
Service less than 31 days – Employees must report at the beginning of the first regularly scheduled workday after release from service, allowing eight (8) hours for travel or rest.
Service from 31-180 days – Employees must report no later than fourteen (14) days following completion of service.
Service over 180 days – Employees must report no later than ninety (90) days after completion of military service.
An employee is generally allowed up to five (5) years total (cumulative) of military leave and may not be eligible for reemployment thereafter.
.52 An employee returning from military leave from the uniformed services with a dishonorable or bad conduct discharge shall not be eligible for reemployment.
.53 An employee returning from military leave shall be reemployed in his/her former position or classification, if still qualified to perform the duties of the position or classification, at the step or the rate in the pay range the employee would have occupied without the military leave, and with full seniority. If the employee is not qualified to perform the duties of the former position or classification by reason of disability, the employee shall be restored to a position of like seniority, status and pay or to its nearest approximation for which the employee is qualified.
.54 Vacation leave and sick leave do not accrue while an employee is on military leave four (4) consecutive workweeks (section 301). However, time spent on military leave shall be used in determining accrual rates for leave benefit purposes as well the employee’s eligibility as concerns seniority standing and longevity pay rate (as applicable).