(a) It is the City's intent to comply at all times with applicable Federal and State law as it pertains to military leave, including, but not limited to, the Uniformed Services Employment and Reemployment Rights Act (USERRA).
(b) Any City employee who is a member, as that term is defined in I.C., 10-16-7-2, of the Indiana National Guard or a reserve component of the U.S. Armed Forces, is entitled to receive up to 15 consecutive or nonconsecutive eight-hour days of military leave annually, without loss of time or pay, for such time as the employee is on Indiana National Guard or reserve component training or duty pursuant to appropriate and authorized military orders. Such time away from the job shall not be charged against the employee’s PTO/vacation allowance.
(c) Any City employee who is a member, as that term is defined in I.C., 10-16-7-2, of the Indiana National Guard shall also be entitled to receive an unpaid leave of absence for the total number of days that he is on state active duty pursuant to I.C., 10-16-7-7. Such an employee may elect to substitute paid leave (excluding sick and/or catastrophic leave) for any portion of this unpaid leave time.
(d) USERRA may provide an employee with additional rights as regards unpaid military leave and job reinstatement. In general, USERRA covers all categories of military training and service, including duty performed on a voluntary or involuntary basis, in time of peace or war. A complete list of current employee rights and obligations under USERRA is available from Human Resources. An employee who exercises rights provided by USERRA shall not be discriminated or retaliated against in any matter of employment.
(e) The City shall pay 100% of the employer and employee contributions for dependent (spouse and child(ren)) health insurance coverage during a period of active duty, other than active duty for training, if the dependents are covered under the City plan.
(f) The City may, in its sole discretion, elect to pay the difference between an employee's active duty pay and the employee's regular City salary or wages, whether the employee's military leave is taken pursuant to Indiana law and/or USERRA, whenever the employee is ordered to active duty other than active duty for training. Supplemental pay, if provided, shall be subject to the following conditions:
(1) Supplemental pay will be determined by comparing gross military pay to gross City pay (excluding overtime). If the City's pay is greater, the supplement shall be the difference between the two. If the City's pay is less than or equal to military pay, there shall be no supplement.
(2) Hardship Duty/Imminent Danger Pay and Family Separation Allowance shall not be included in military gross pay for purposes of calculating supplemental pay.
(3) To determine gross military pay, the employee is required to submit a military Leave and Earnings Statement (LES) at the time he reports for active duty, at the time he is released from active duty and at any time between if military pay changes. If military pay increases during the period of active duty and a new LES is not submitted to the City, the employee shall, upon return from active duty, be required to repay the City for any overpayment of supplemental pay.
(`91 Code, § 2-44) (Ord. D-398, § (g), 3-5-84; Ord. D-1472-00, 9-18-00; Ord. D-1900-08, 8-4-08; Ord. D-1975-09, 12-7-09; Ord. D-2067-11, 11-7-11; Ord. D-2613-21, 12-6-21)