(a) Supplemental Compensation. Subject to subsection (b), an Employee shall receive from their Employer, while on leave for Military Duty, the difference between the amount of the Employee’s gross military pay and the amount of gross pay the Employee would have received from the Employer, had the Employee worked the Employee’s regular work schedule (excluding overtime unless regularly scheduled as part of the Employee’s regular work schedule). This leave for Military Duty with Supplemental Compensation can be taken in daily increments for one or more days at a time, for up to 30 days in any calendar year.
(b) Limitations and conditions.
(1) The amounts of pay required by this Section 15.4 shall be offset by amounts required to be paid pursuant to any other law or to any policy of the Employer for military leave, such that the Employee does not receive excessive payments for the leave time taken, resulting in the Employee receiving more compensation cumulatively because of this Section 15.4 than the Employee would have received had the Employee worked the Employee’s regular work schedule (excluding overtime unless regularly scheduled as part of the Employee’s regular work schedule).
(2) If the Employee, having received Supplemental Compensation under subsection (a) and being fit for employment in their previous position upon release from Military Duty, does not return to their position with the Employer within 60 days of release from Military Duty, the compensation described in subsection (a) may, at the Employer’s option, be treated as a loan payable with interest at a rate equal to the minimum amount necessary to avoid imputed income under the Internal Revenue Service Code of 1986, as amended from time to time, and any successor statute. In that case, interest shall begin to accrue 90 days after the Employee’s release from Military Duty or return to fitness for employment, whichever is later. Such loan will be payable in equal monthly installments over a period not to exceed five years, commencing 90 days after the Employee’s release from Military Duty or return to fitness for employment, whichever is later.