§ 39.159  MILITARY SERVICE LEAVE.
   (a)   Request for military leave of absence. An employee who wishes to be granted military leave of absence must submit the request and a copy of his or her official orders or other records from the military service to the immediate supervisor or department head prior to the dates of attendance. If the reservist or National Guard member submits a copy of his or her official annual training schedule prior to the beginning of the year’s military activities, the employee need only submit a separate request and orders for those training duties not included on the annual schedule or when the annual schedule is modified.
   (b)   Active duty.
      (1)   An employee who enlists or is called into active duty for the military service of the United States or who in time of national emergency voluntarily enlists for active duty shall be granted military leave for the time necessary to permit completion of the military service. In order to have reemployment rights, a person leaving active duty in the military service of the United States must apply to the city for reemployment within the applicable timeframes established under federal law. This applies to inductees and enlistees as well as to reservists and National Guard members performing full active duty as opposed to initial active duty for training or active or inactive duty training or other active duty where different reemployment rights are defined by federal statute.
      (2)   Employees activated to service by the President of the United States because of war or reasons attributed to the war on terrorism may be eligible to receive pay augmentation in those cases where their base military rate of pay is less than the base rate of pay received from the city at the time they went on active duty. When an employee’s base military pay is less than the employee’s base city pay at the time of activation, the employee may be eligible for payment for the difference under the following provisions and/or guidelines:
         A.   Pay augmentation will be based upon the employee’s base hourly/biweekly rate and monthly military base rate as of the date of activation;
         B.   Pay augmentation shall begin the first full day following activation;
         C.   Activated employees who use paid time-off benefits in any given month are not eligible for the pay augmentation for that month as described in this division (b)(2);
         D.   Hours actually worked in any full month while activated shall be deducted from any pay augmentation;
         E.   Any cost of living adjustments shall be included when determining eligibility for any monthly pay augmentation;
         F.   Those employees eligible to receive pay augmentation must submit the actual monthly military pay stub to the city. Once the calculations have been computed, the city will provide the payment in the next available scheduled pay period;
         G.   Employees who are eligible and receive pay augmentation, as set forth in this division (b)(2), will have the employee pension contribution temporarily suspended only for purposes of pay augmentation as described in this division (b)(2); and
         H.   Employees activated to service pursuant to this section shall be entitled to accrue sick and vacation leave benefits, subject to the limitations in this agreement, as if they had remained in continuous service to the city.
   (c)   Reserve or National Guard; initial active duty for training, annual encampment, weekend drill and other training duty. Appointive officers, midmanagement or classified employees who enlist as a reservist or a member of the National Guard shall be granted time off for two-week annual encampment, weekend drill duty and training, initial active duty for training and other active and inactive training duty. The period of military leave shall be taken without pay. The reservist or National Guard member must report back to his or her civilian job at the beginning of his or her first regularly scheduled shift on the first day after the completion of initial active duty for training or other training duty plus the necessary travel time to return from the training site to the place of employment. He or she is also entitled to a reasonable rest time and a reasonable time thereafter if return is delayed by factors beyond his or her control. If an employee fails to report to his or her job within the specified time period, he or she may be subject to the penalties which would be imposed on any employee who is tardy or absent without permission. If an employee separates employment with the city in order to enlist in the Reserves or National Guard, he or she must reapply to the city within 31 days after his or her separation from initial active duty for training in the Reserves or National Guard in order to retain employment rights.
   (d)   Holidays. An employee shall not be paid holiday pay for holidays which occur during an approved unpaid leave of absence for military service. If a holiday immediately precedes or follows the approved unpaid leave of absence for military service, the employee must work the regularly scheduled workday preceding or following the holiday to be paid for that holiday.
   (e)   Applicability of federal law. Any employee who participates in any branch of the military service of the United States is covered by and subject to federal statute, 38 U.S.C. § 43 and all other applicable statutes.
(1957 Rev. Ords., § 2.225; 1992 Code, § 30-127)  (Ord. 2669, passed 3-3-1970; Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 87-97, passed 12-2-1997; Ord. 131-98, passed 12-7-1998; Ord. 4-01, passed 1-8-2001; Ord. 04-04, passed 1-12-2004)