(a) Full-Time employees of the City who serve in the National Guard, U.S. Air Force Reserve, U.S. Army Reserve, U.S. Marine Corps Reserve, U.S. Coast Guard Reserve or U.S. Naval Reserve are entitled to a leave of absence from their respective positions without loss of pay for when ordered to temporary active duty, inactive duty training or when ordered to military training exercises conducted in the field, for periods of up to one (1) month, for each federal fiscal year in which they are performing service in the uniformed services.
(b) As used in this section:
(1) "Year" means federal fiscal year (October 1st - September 30th).
(2) "Month" means twenty-two (22) eight (8) hour work days or one hundred seventy-six (176) hours within one (1) federal fiscal year.
(3) "Full-Time employee" means any person holding a position of employment with the City with an average of forty (40) hours or more per week on a regular schedule of twenty-six (26) consecutive biweekly pay periods, or any other regular schedule of comparable consecutive pay periods, which is not limited to a specific season or duration. "Full-Time employee" does not include student help; intermittent, seasonal, or external interim employees; part-time employees, individuals covered by personal services contracts, or employees not meeting the definition of a "Full-Time employee".
(4) "Without Loss of Pay" means a full-time employee is entitled to an amount equal to his/her gross monthly base wage less the sum of his/her gross military pay and allowances received during that same month. No full-time employee shall receive payment if the sum of his/her gross military pay and allowances received in the month exceeds his/her gross monthly base wage in the month for any leave granted in this section.
(c) Any full-time employee of the City, who is entitled to the leave provided under division (a) of this section, and who is called or ordered to military duty for longer than a month, for each federal fiscal year in which military duty is performed, because of an executive order issued by the President of the United States or an act of Congress, or because of an order to perform duty issued by the governor pursuant to Ohio R.C. 5919.29 is entitled, during the period designated in the order or act, to a leave of absence and paid leave, during each monthly pay period of that leave of absence: The amount of leave payment during each month for this additional leave of absence shall be the lesser of: (1) the difference between the full-time employee's gross monthly base wage and the sum of his/her military pay and allowances received that month or (2) five hundred dollars ($500.00).
(d) Each full-time employee who is entitled to leave provided under division (a) or (c) of this section shall submit both (1) their military leave and earnings statement covering the military duty period and (2) the published order authorizing the military duty or a written statement from the appropriate military commander authorizing that service, prior to being credited with paid leave as defined in this section. The full-time employee shall submit the military leave earnings statement and the published order/statement to his/her supervisor and the City's Payroll Department no later than forty-five days (45) from returning from military duty.
(e) A full-time employee on a military leave of absence shall be deemed to be in the service of the City. Employee cost share for any required benefit remains the employee's responsibility during any military leave of absence.
(Ord. 22-2021. Passed 2-22-21.)