(A) The City of Bowling Green employees who are called to active military service because of an executive order issued by the President of the United States, because of an act of congress, or because of an order to perform duty issued by the Governor pursuant to R.C. § 5919.29, will be paid the difference between their regular city salary and their military base pay and allowances for the duration of their active military duty. However, each calendar year, the first 176 hours of military leave will be paid pursuant to the requirements established in R.C. § 5923.05. The employee or his/her designee is responsible for notifying the city about any changes (pay increases or decreases), that may occur to the employee's military pay. No city employee shall receive payments by the city if the sum of the permanent public employee's base uniformed (military) pay and allowances received in a pay period exceeds the employee's base wage or salary as a permanent public employee for that period.
(B) Each permanent public employee, who is entitled to military leave under this section, shall submit to the Finance Director the published order directing duty in the uniformed services, or a written statement from the appropriate military commander, prior to being credited with the leave. However, in extreme situations where and when the employee is not provided adequate notification by the military, this requirement may be waived.
(C) (1) City employees called to active military will be granted the opportunity to continue their group medical and dental coverage(s) in accordance with current city policies and/or collective bargaining agreements. Since the city's group insurance plans are voluntary and employees must pay a portion of the monthly premium(s), the employee will have the right to cancel his/her coverage(s) during the period he/she is on active duty. The health and dental insurance coverages are subject to the same exclusions and limitations currently in effect by the carrier or as may be placed in effect by the carrier subsequent to the passage of this section.
(2) If an employee elects to continue his/her medical and/or dental insurance coverages, the city will continue to pay its portion of the monthly medical and dental insurance premiums as long as the employee continues to pay his/her share of the monthly premiums. The employee or his/her designee must make sure that the employee continues to pay his/her portion of the monthly premium(s) for which he/she is eligible to participate. An employee may elect not to continue coverage(s) while the employee is in active duty in the military. If the employee elects not to continue medical and/or dental coverages, he/she shall be required to submit a written notice to the Human Resources Director stating the intent to cancel coverage(s).
(D) City employees called to active military service are entitled to the continuation of life insurance coverage during their active military duty. The life insurance coverage is subject to the same exclusions and limitations currently in effect by the carrier and as may be placed in effect by the carrier subsequent to the passage of this section. The city will continue to pay the monthly premium for this coverage.
(E) City employees called to active military service shall continue to accumulate vacation and sick leave in accordance with city policies and/or as established in applicable collective bargaining agreements.
(F) Pension fund payments will continue in accordance with the federal and state laws.
(G) As provided by federal law, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) being 38 U.S.C. §§ 4301 et seq., employees on military leave maintain the right to use any vacation or similar leave with pay that they accrued prior to military service. Use of accrued leave time is at the employee's option. The city will not require an employee to use accrued leave time while on military leave.
(H) Return to duty by an employed service member shall be in accordance with the guidelines established in the USERRA.
(I) The Municipal Administrator or his/her designee is authorized and directed to negotiate with the exclusive bargaining representatives for affected employees so as to modify the collective bargaining agreements, if necessary, with respect to this section.
(1980 Code, § 33.44) (Ord. 6875, passed 10-15-2001; Am. Ord. 7577, passed 6-19-2006; Am. Ord. 8920, passed 5-17-2021; Am. Ord. 9182, passed 5-6-2024; Am. Ord. 9211, passed 8-5-2024)