(A) Regular full-time and regular part-time employees are entitled to a leave of absence from their respective positions without loss of pay for the time they are performing service in the uniform services for a period not to exceed 15 calendar days within one calendar year. Uniformed services means the armed forces of the United States, a ready reserve component of the armed forces, State National Guard units, the commissioned core of the public health service and any other service designated by the President of the United States in time of war or emergency.
(B) An employee on leave under this provision shall suffer no loss of seniority or benefits during the 15-day leave period.
(C) An employee on military leave for a period in excess of 15 calendar days in one calendar year shall receive all benefits provided under the Uniform Services and Reemployment Act of 1994 (38 U.S.C. Ch. 43).
(D) Employees absent from their respective positions because of service in the uniformed services are, if honorably discharged, entitled to reinstatement, provided that the period of absence does not exceed five years. If an absence exceeds five years, reinstatement shall be available only under the exceptions set forth in 38 U.S.C. § 4312(c). An employee is entitled to reinstatement only if the employee had, prior to the time of commencing uniformed service, given notice to the town of the anticipated service, and has at the conclusion of the military service reported for work, or made application for reinstatement as follows.
(1) If uniformed service is for 30 days or less the employee must report for work by the next regularly scheduled workday after allowing eight hours for travel.
(2) If uniformed service is for more than 30 days, but less than 181 days, the employee must submit an application for reinstatement not later than 14 days after completion of uniformed service.
(3) If uniformed service is for more than 180 days, the employee must submit an application for reinstatement within the 90-day period following completion of uniformed service.
(E) (1) Exceptions to these reinstatement time periods will be made when, because of a disability or hospitalization caused by uniformed service, or because of events beyond the control of the employee, the employee was unable to report or make application within the prescribed period of time.
(2) Reinstatement shall be to the position last held by the employee, unless such position no longer exists, or the requirements of such position has so substantially changed that reasonable training will not qualify the employee for such position. In such circumstances, reinstatement shall be to a position similar in pay and duties.
(3) Reinstatement shall not be available if, during the period of military service, the employee would have been laid off from such position had the employee remained in public employment, and recall has not yet occurred.
(F) (1) An employee reinstated pursuant to these provisions shall be entitled to placement on the salary schedule at the level the employee would have attained had the employee not been absent for uniformed service.
(2) Reinstated employees shall be entitled to benefit levels that escalate with length of service as if there had been no absence for uniformed service.
(G) Subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible, the town will provide health insurance benefits for the full term of the military leave of absence, provided the employee, at each pay period, tenders his or her co-pay portion of premiums to the Clerk-Treasurer, if the employee fails to make the payments in a timely manner, benefit coverage will terminate.
(H) Benefit accruals, such as vacation, sick leave or holiday benefits, will be suspended during the leave and will resume upon the employee’s return to active employment.
(Ord. 2016-07, passed 12-28-2016)