(A) The county government is committed to protecting the job-related rights of employees absent on military leave. In accordance with federal and state law, including the Uniformed Services Employment and Re-Employment Rights Act (USERRA) of 1994, 38 U.S.C. §§ 4301 et seq., the county will not discriminate against any employee on the basis of that person’s membership in or obligation to perform service for any of the uniformed services of the United States.
(B) Pursuant to I.C. 10-16-7-5 et seq., full-time or part-time employees of the county who are members of the Indiana National Guard or reserves for the naval, air, or ground forces shall be entitled to a leave of absence from their respective duties in accordance with all applicable provisions of federal and state law.
(C) Pursuant to I.C. 10-16-7-5 et seq., all county employees who are members of the Indiana National Guard, a reserve component, or the retired personnel of the naval, air, or ground forces of the United States are entitled to leave equal to the number of days that the member is on active duty. That leave is in addition to the employee’s regular vacation period.
(D) In addition, full-time and part-time employees who are duly qualified reserve members of the armed forces are entitled to paid military leave not to exceed 15 days (meaning 120 hours) in any one calendar year for military training, which may be used intermittently. Paid military leave will not be charged against an employee’s PTO or other paid leave. Paid military leave is eligible to accrue PTO hours, but will not be counted as hours worked for the purposes of calculating overtime. Seniority and seniority related benefits such as PTO, if applicable, shall continue to accrue during a military leave of absence.
(E) To receive paid military leave under this policy, the employee must bring a copy of the written order or official statement requiring military duty to his or her elected official, department head, supervisor, or human resources immediately upon receipt. Additionally, the employee will be required to submit a leave request form, along with any supporting documentation.
(F) If the employee is unable to provide notice before leaving for uniformed service, a family member should notify human resources, his or her elected official, department head, or supervisor as soon as possible. Military service beyond the 15 days will be administered as an extended leave of absence.
(G) The restoration or re-employment of employees returning from military service to any county department or office shall be in accordance with applicable federal and state law. These provisions have certain requirements in order to be re-employed, including maximum length of military service, type of discharge, re-employment period, and physical fitness. Employees for whom this policy is applicable should familiarize themselves with such restoration requirements. Seniority and seniority related benefits such as PTO, if applicable, shall continue to accrue during a military leave of absence.
(H) Also, in accordance with state military leave law, the county will provide up to ten days of unpaid leave to the spouse, parent, grandparent, or sibling of the person who is ordered to active duty. To be eligible for this leave, the employee must have been employed by the county for at least one year and have worked in the last year for at least 1,500 hours.
(I) Due to varying work schedules within county departments, it is necessary to define a “day” as it pertains to military leave. A DAY is defined as the period that an employee is regularly scheduled to work, not to exceed 24 hours in duration.
(Res. 2023-14, passed 6-30-2023)