(A) An employee who enlists or is called into active duty for the military service of the United States or who, in time of national or state emergency, voluntarily or involuntarily enlists for active duty, shall be granted leave without pay for the time necessary to permit completion of the military service. If the employee’s first 15 days of military pay is less than the 15-day amount the employee normally would have received had he or she not been activated, the city would pay the employee the difference between normal pay and military pay. The employee will provide a statement of wages from the military to substantiate the difference in pay.
(B) In order to have re-employment rights, a person leaving active duty in the military service of the United States must apply to the city for re-employment within 30 days after his or her separation from active duty, or within 30 days after his or her release from hospitalization continuing after such separation for not more than one year. The employee shall be entitled to return to the city service at his or her former position, or at a level equivalent to the position held at departure. The employee’s years of service will continue while activated, unless such employee chooses not to return to the city after military service. In such case, the date of termination shall be considered the thirtieth day after activation. This applies to inductees and enlistees, as well as reservists and National Guard members performing full active duty, as opposed to initial duty for training, or active or inactive duty for training, or active or inactive duty training, or other active duty where different re-employment rights are defined by federal statue.
(Res. 03-02-02, passed 2-10-2003)