§ 2-1102. Military leave of absence.

(a)

Eligibility. Regular employees in the classified and unclassified service who have been in the employment of the city for at least one year immediately preceding leaving the service of the city directly to enter the active uniform service of the United States during a national emergency or who are drafted into such service, or employees subject to compulsory service who voluntarily enlist, shall be granted a military leave of absence without pay to extend for a period of time beyond the date of termination of active uniform service as established by USERRA. The term "uniform service," as used in this section, shall include the Army, Navy, Air Force, Marine Corps, Coast Guard and Public Health Service, as well as all auxiliary branches of such service in which either men or women shall be called on to serve, but shall not include services as civilian employees of any of the services. The term "national emergency," as used in this section, shall exist during such period as determined by the federal government.

(b)

Restoration of employee to former position. An employee returning from military leave shall be entitled to restoration to his former position, provided he makes application within the time period established by USERRA, after his release from duty and has been honorably discharged, and he is physically and mentally capable of performing the duties of the position involved. If the position he vacated no longer exists at the time he qualifies for return to work, such person shall be entitled to be reemployed in another existing position of the same class, provided such reemployment does not necessitate the laying off of another person with greater seniority.

(c)

Computation of seniority. Employees granted military leave of absence may count such service as time spent on the job for computing seniority in the event of layoff.

(d)

Payment or credit for vacation and sick leave. A regular employee who leaves the municipal service directly for such military leave without pay may elect to be paid for any accrued vacation he may be entitled to as if he were actually separating from the city service. His decision shall be noted on the personnel action form affecting the leave. If the employee elects not to be paid for vacation leave, then accrued vacation and sick leave credits shall be reinstated upon return of the employee.

(Admin. Code 1967, § A8.20; Ord. No. 070480, § 1, 4-26-07)

Charter reference

Reemployment of permanent employees entering armed services, § 127a.