Table of Contents: Chapter 3
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306 MILITARY DUTY/LEAVE
306.1 Military Service
An employee who is a member of the National Guard, or of any reserve component of the armed forces of the United States, shall be entitled to a leave of absence. This leave will be without loss of time, pay, regular leave accrual, impairment of efficiency rating or of any other rights or benefits to which the employee is otherwise entitled. These benefits apply for all periods of military service during which the employee is engaged in the performance of duty or training in the service of the State at the call of the Governor and as ordered by the Adjutant General will not exceed a total of one hundred twenty (120) hours for all Regular Employees per federal fiscal year and one hundred sixty eight hours (168) for Shift Employees.
This policy will further address employees (reserve member for any component of the armed forces of the United States and National Guard) that are called for active duty and employees that enlist in military service for an active tour of duty as a military leave of absence. This policy will address position reinstatement, compensation, accrual of benefits, and insurance coverage.
306.2 Specific Guidelines
Notice-An employee should provide as much advance notice, as possible, for an ordered military leave.
306.3 Reemployment Rights
An individual may be absent from work for active military duty and retain reemployment rights for five (5) years, or as otherwise provided by federal law.
Reemployment protection does not depend on the timing, frequency, duration, or nature of an individual's military service. When five years of military leave have been used, the employee will be considered as separated from the City's employment.
306.4 Reinstatement Provisions
Reinstatement into the exact job/position is automatic if the employee returns to work within ninety (90) days of being called to duty. After 90 days, the employer may identify a position of like seniority, status, and pay as if they had not been absent for military service, so long as the employee is qualified to perform the essential duties of the alternative position. Except as otherwise provided by federal or state law, to qualify for reemployment, an employee must reapply for employment according to the following guidelines:
| 306 Length of Period of Service | 307. Reapply No Later Than |
| 308. 30 Days or Less | 309. Next regular work day after completion of service, taking into account a reasonable period of time for safe travel plus an 8 hour rest period |
| 310. 180 Days or Less, but more than 30 days | 311. 14 days after completion of service |
| 312. More than 180 days, but less than 5 years | 313. 90 days after completion of service |
Less than 31 days service: The employee must return to work by the beginning of the first regularly scheduled work period after the end of the duty plus time required to return home and an 8 hour rest period or as soon as otherwise approved by the appropriate supervisor in compliance with all applicable state and federal laws.
31 to 180 days: Application for reemployment must be submitted no later than 14 days after completion of service or as soon as possible in compliance with all applicable state and federal laws.
181 days or more: Application for reemployment must be submitted no later than 90 days after completion of service in compliance with all applicable state and federal laws.
The deadline for reinstatement may be extended for extenuating circumstances. For example, an extension may be granted for up to two years for persons who are convalescing due to an injury incurred or aggravated during military service. Reasonable efforts may be made by the City to enable returning service members to refresh or upgrade their skills to help them qualify for reemployment.
An employee's separation from uniformed service must be under honorable conditions in order to be qualified for reemployment rights.
306.5 Use of Leave
For an employee on a valid military order, leave that exceeds the above threshold becomes an unpaid military leave of absence. The City will allow the employee to utilize available earned vacation time, earned comp time, and personal leave either at full rate or to supplement military pay at the employee's discretion; however, employees shall not be required to use such leave.
306.6 Vacation and Sick Leave Accrual
Vacation, sick leave, and personal time benefits will continue to accrue during a military leave of absence.
306.7 Benefits
- 306.7.1 Health Insurance. The employee's health and dental insurance coverage will continue for a period of 90 days. The City will continue to pay its share of the health/dental coverage and the employee will continue to pay
the associated employee contribution during this time period. If military leave extends longer than 90 days, covered employee and dependents can elect to continue health and dental coverage up to 24 months under COBRA rights. This will enable the employee to continue health/dental coverage through the City's insurance programs if so desired; however, the employee will be responsible for the full monthly premium. The participation in COBRA coverage may be continued up to 24 months and premiums shall remain the same rates for their respective plans as offered to other COBRA participants.
- Employees will not have a waiting period to be reinstated into the City's health and dental insurance programs upon returning to work, as addressed in the Uniformed Services Employment and Reemployment Rights Act. Additional exclusions for preexisting conditions shall not be added with the exception of any illness or injury determined by the Secretary of Veteran's Affairs to have been incurred in, or aggravated during, performance of service in uniformed service.
- 306.7.2 Service Credit. Upon the employee's return to employment after military service, the City will restore service credit in retirement plans for the full period of military service provided the employee was honorably discharged.
- 306.7.3 Life Insurance. City provided life insurance coverage shall be governed by the specifics of the respective policy.
- 306.7.4 Short-Term & Long-Term Disability. Short-term and long-term disability benefits will be evaluated on a case by case basis for eligibility.
306.8 Seniority and Compensation
Upon return from military duty, an employee will be restored or credited with such seniority and benefits as are required by law, e.g., merit reviews. If an employee is on military leave for less than one year, their merit review will not be prorated and will be based on the performance rating. If an employee is on military leave for more than one year, the employee's rate of compensation would be adjusted at the "basic performer" rate.