(A) The city will comply with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the provisions of KRS 61.373 through 61.377 and KRS 61.394. USERRA grants military leave for employees, and in most cases, reinstatement rights regardless of whether the service is voluntary or involuntary.
(B) As the laws change or as interpretations of the laws change, military leave benefits for city employees may change accordingly. No attempt is made by this policy to cover all possible situations and circumstances that may arise when an employee is ordered to active duty. Therefore, as military leave situations arise, an employee should consult with his or her immediate supervisor or the City Clerk for details regarding his or her military leave rights as a city employee.
(C) Unless precluded by military necessity, an employee will provide written notice to his or her immediate supervisor as soon as possible regarding the need for military leave.
(D) In any one federal fiscal year (October 1 to September 30), all full-time and part-time employees involved in military service for the United States or the commonwealth are eligible, upon request of the employee, to be paid their normal wages for a maximum of 21 calendar days while on military leave. Employees will only be paid based on the days they would have been scheduled to work if not for military leave. Any unused military leave in a federal fiscal year will be carried over to the next year. Any unused military leave will expire two years after it has accrued.
(E) An employee will be entitled to military leave without loss of time, pay, regular leave, impairment of efficiency rating or any other employment rights or benefits to which the employee is entitled, while:
(1) In the performance of duty or training in the service of a state or of the United States under competent orders as specified in this section;
(2) Physically disabled as a result of an injury, illness or disease incurred or aggravated in the line of duty while performing active-duty or inactive-duty training;
(3) Entitled to incapacitation pay pursuant to 37 U.S.C. § 204; and
(4) Leave pursuant to divisions (E)(2) and (E)(3) above will not exceed six months unless approved by the employee’s appointing authority.
(F) Benefits in division (E) above include employer contributions that would have been paid into CERS if the employee had not been on military leave. Employer-provided CERS contributions will only be paid to KPPA if the employee returns to work with the city upon an honorable discharge from the military.
(G) Employees called to active duty should fill out the Active-Duty Military Leave Notification (HR Form 18) in Appendix A as soon as practicable.