135.12 MILITARY LEAVE.

   (a)   Effective January 1, 2000, permanent City employees who are members of the Ohio organized militia, or members of other reserve components of the armed forces of the United States, including the Ohio National Guard, are entitled to leave of absence from their respective positions without loss of pay for the time they are performing service in the uniformed services, for periods of up to one month, for each calendar year in which they are performing service in the uniformed services.

   (b)   As used in this section, "calendar year" means the year beginning on the first day of January and ending on the last day of December, and "month" means twenty-two eight-hour work days or 176 hours within one calendar year.

   (c)   Except as otherwise provided in subsection (d) hereof, any permanent City employee who is entitled to the leave provided under subsection (a) hereof and who is called or ordered to the uniformed services for longer than a month, for each calendar year in which the employee performed service in the uniformed services, because of an executive order issued by the President of the United States or an act of Congress, is entitled, during the period designated in the order or act, to a leave of absence and to be paid, during each month of that leave of absence, the lesser of the following:

      (1)   The difference between the permanent City employee's gross monthly wage or salary as a permanent City employee and the sum of the permanent City employee's gross uniformed pay and any allowances received that month, exclusive of allowances for travel, food, or housing;

      (2)   Five hundred dollars ($500.00).

   (d)   No permanent public employee shall receive payments under subsection (c) hereof if the sum of the permanent City employee's gross uniformed pay and allowances (exclusive of allowances for travel, food, or housing) received in a pay period exceeds the employee's gross wage or salary as a permanent City employee for that period or if the permanent City employee is receiving pay under subsection (a) hereof.

   (e)   (1)   During the first month of military leave in each calendar year, as authorized by this section, employees shall accrue the vacation leave, sick leave, and seniority they would otherwise have been entitled to, had the military leave not occurred. Likewise, all insurance and other benefits (e.g. longevity; educational pay) shall be unaffected during the first month of approved military leave in each calendar year.

      (2)   Beginning with the second month of military leave in each calendar year, as authorized by this section, employees shall continue to accrue seniority, but all sick leave and vacation leave shall cease to accrue, and all insurance benefits shall cease to be paid by the City.

   (f)   The City will comply with the Ohio Revised Code and the rules and regulations of the Police and Fire Disability Pension Fund or Public Employees Retirement System, whichever is applicable, regarding pension contributions for all employees on military leave.

   (g)   An employee who has been on military leave shall be entitled to reinstatement to his/her previous position (or a position of similar seniority, status and pay) if:

      (1)   The employee has given advance written or oral notice of such military service to the City;

      (2)   The cumulative length of the absence and all previous absences from a position of employment with the City by reason of military service has not exceeded five years; and

      (3)   The returning veteran reports to, or submits a reemployment application to the City in accordance with the notice requirements contained in 38 U.S.C. §4313(a).

         (Ord. 17-91. Enacted 11-13-17.)