(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 their immediate supervisor or the City Clerk for details regarding their military leave rights as a city employee.
(C) Unless precluded by military necessity, an employee shall provide written notice to their immediate supervisor as soon as possible regarding the need for military leave.
(D) In any one federal fiscal year (October 1-September 30), all full-time and part-time employees involved in military service for the United States, or the Commonwealth of Kentucky 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 shall be carried over to the next year. Any unused military leave shall expire two years after it has accrued.
(E) An employee shall 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; or
(3) Entitled to incapacitation pay pursuant to 37 U.S.C. sec. 204.
(4) Leave pursuant to divisions (E)(2) and (E)(3) above shall not exceed six months unless approved by the employee’s appointing authority.
(F) During periods of military leave of two years or less, the employee shall be paid a salary to supplement military compensation, so that the aggregate compensation received by the employee shall be no less than the employee’s normal compensation for the period of military leave.
(G) Employees called to active duty should fill out the Active-Duty Military Leave Notification (HR Form Eighteen) as soon as practicable.
(Ord. 5-11-2023-A, passed 6-8-2023)