(A) Any full-time permanent public employee who is a member of the Ohio organized militia, or a member of other reserve components of the armed forces of the United States, including the Ohio National Guard, is entitled to a leave of absence from his or her respective position without loss of pay for such time as he or she are performing service in the uniformed services, as defined in R.C. § 5903.01, for periods not to exceed 22 eight-hour work days or 176 hours in any one calendar year for each year in which he or she is performing service in the uniformed services. CALENDAR YEAR means the year beginning on the first day of January and ending on the last day of December.
(B) Except as otherwise provided herein, all full- time permanent public employees who are entitled to leave under this section and are called or ordered to active military duty for a period in excess of 22 eight- hour work days or 176 hours in any one calendar year in which the employee performed service in the uniformed services, as a result of an executive order issued by the President of the United States, an act of Congress, and/or executive order from the Governor of Ohio, during the period so called to act, to a leave of absence, and to be paid, during each monthly pay period of that absence, the following:
(1) One hundred percent of the difference between his or her gross monthly pay as an employee of the city and the sum of his or her gross monthly military pay and allowances for a period of up 12 months of active duty military service;
(2) Seventy percent of the difference between his or her gross monthly pay as an employee of the city and the sum of his or her gross monthly military pay and allowances for an additional 12-month period of active duty military service which is performed consecutively to the initial 12 months of service.
(C) No employee shall receive such payments if the sum of his or her gross military pay and allowances received in a month exceeds his or her gross monthly wage or salary as a city employee or if the employee is receiving leave without loss of pay pursuant to division (A) of this section for up to 176 hours of active duty within the calendar year.
(D) Health insurance benefits as specified in the city's employment provisions will be maintained for a period of up 12 months of active duty military service, and these benefits may be extended for an additional 12 months of active duty service at the discretion of the City Manager. The accrual of sick and vacation time as specified in the city's employment provisions will not take place during periods of active duty service without loss of pay in excess of 176 hours per calendar year as set forth in division (A) of this section.
(E) Each employee who is entitled to military leave under this section shall submit to the city the published order calling the employee to active military service, prior to being granted leave, and provide the city with a copy of all military pay statements for each month of active duty service prior to receiving the pay and benefits outlined in this section.
(F) Failure of any employee to report for duty with the city at the completion of any leave of absence, or period of active duty military service, without the consent of the City Manager, shall be sufficient grounds for dismissal from the city service.
(G) Any full-time permanent public employee of the city whose employment is governed by a collective bargaining agreement with the provision for the performance of service in the uniformed services shall abide by the terms of the collective bargaining agreement with respect to the performance of such service, except that no collective bargaining agreement may afford fewer rights and benefits than are conferred under this section.
(Ord. 9052, passed 12-14-04; Am. Ord. 2021-112, passed 12-14-21)