(a) As is required by Ohio R.C. 5923.05, permanent Village 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.
As used in this section:
(1) “Calendar year” means the year beginning on the first day of January and ending on the last day of December.
(2) “Month” means twenty-two eight-hour work days or one hundred seventy- six hours within one calendar year.
(3) “Permanent public employees” and “uniformed services” have the same meanings as in Ohio R.C. 5903.01.
(b) Except as otherwise provided in subsection (d) hereof, any permanent Village 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, because of an act of congress, or because of an order to perform duty issued by the governor pursuant to Ohio R.C. 5919.29 is entitled, during the period designated in the order or act, to a leave of absence and to be paid, during each monthly pay period of that leave of absence. The difference between the permanent public employee’s gross monthly wage or salary as a permanent public employee and the sum of the permanent public employee’s gross uniformed pay and allowance received that month.
(c) In order to receive such compensation, an employee shall be required to submit to the Auditor all documentation from the government as may be required by the Auditor to determine the date active duty begins and proper documentation establishing the gross monthly uniformed pay and allowances. The Auditor is further authorized to provide the employee any other benefit, including but not limited to health benefits, vacation pay and sick leave that the employee would have been entitled to had they not been activated.
(d) No permanent public employee shall receive payments under subsection (b) hereof if the sum of the permanent public employee’s gross uniformed pay and allowances received in a pay period exceeds the employee’s gross wage or salary as a permanent public employee for that period or if the permanent public employee is receiving pay under subsection (a) hereof.
(e) Each permanent Village employee who is entitled to leave provided under subsection (a) hereof shall submit to the Mayor the published order authorizing the call or order to the uniformed services or a written statement from the appropriate military commander authorizing that service, prior to being credited with that leave.
(f) This section is not intended to change any other benefits or obligations required by Ohio R.C. 5923.05 except as specifically outlined above.
(Ord. 19-2004. Passed 6-17-04.)