(A) Seniority During Military Service
Regular employees who leave the service of the City to enter that of the United States Armed Forces, or the services of the U.S. Maritime Commission, or who are drafted by the United States Government for civilian service, will upon their return within ninety (90) days from the release of such services, be granted all seniority rights as if continuously employed by the City during such service.
Sick days, and other benefits to which such employee is entitled, accrued prior to the date of the employee's entrance into the military service shall be preserved until his return to City employment. Whenever vacancies occur in the classified service by reason of military leaves of absence, appointments may be made for the duration of the emergency or earlier return to service of the employees granted such leaves for military service. All such appointments shall be subject to the priority rights of the permanent employees granted military leave.
(B) Military Leave
An employee who is called into military service shall be placed on an approved leave of absence during the period of time that he/she is required to serve. Upon discharge, the employee shall have ninety (90) calendar days to report back to the City to be reassigned in accordance with the law. The employee shall accrue seniority while on such leave as provided in this Title of the Code.
(C) Military Pay
When an employee is called for short term military leave it shall be defined as an active duty military assignment issued by the President of the United States, an Act of Congress, or a state of emergency as ordered by the Governor of the State of Ohio (excluding voluntary duty) for a period of less than twenty-three (23) days (either continuous or interrupted) or one hundred seventy-six (176) hours in any calendar year or military assignment. When an employee is called to active duty with their assigned military unit (excluding voluntary duty), they are entitled to a leave of absence from their respective City position without loss of pay for the time they are performing service in the uniformed services. They shall receive one month (twenty-two (22) days or one hundred seventy-six (176) hours) per calendar year of City paid military leave. While on military leave, the City shall continue all employer benefit coverage including, vacation and sick leave accrual allowance, lump sum and stipend payments, pension contributions and spouse and dependent health care coverage. An employee shall qualify for short term military leave coverage even if the leave is not for a one month continuous military assignment. An employee shall be entitled to all pay (both City and military) received during their short term military assignment. This pay is not for the purpose of attending monthly organizational or training meetings in a reserve unit.
"Long term military leave" shall be defined as a military duty assignment that exceeds twenty-two (22) days (either continuous or with interruption) or where a short term military leave assignment exceeds beyond the twenty-two (22) days. When an employee's military duty exceeds the short term leave period specified above because they have been called to active duty as a result of an executive order issued by the President of United States, an Act of Congress, or a state of emergency as ordered by the Governor of the State of Ohio, they shall be paid the difference between his or her regular rate of pay that they would have received pursuant to the contract, and the base pay they received from the military, for such a period. The City shall continue all employment benefit coverage for said employees during this period, to include, vacation and sick leave accrual, allowance, lump sum and stipend payments, pension contributions, and spouse and dependent health care coverage. This provision is intended to provide all employees called to active duty, as described, with the same amount of pay and benefits they would have received had the need for their military service not arisen. Payment and benefits shall be made to employees from the date of absence as a result of active military duty until they return to City employment and payroll.
(D) Military Drill Absence
The employee, upon submitting their military training schedule for the following year, shall be granted the right to use their vacation time and/or trades with themselves to cover their training absences.
(Ord. 463-03. Passed 5-27-03.)