(A) Military leave for reserve training duty.
(1) An employee who belongs to a reserve or auxiliary component of the United States Armed Forces is entitled to a leave of absence without loss of pay, time or performance rating on all days during which the employee is ordered to training duty with troops or at field exercises, or for instruction, up to a maximum of ten working days in any calendar period beginning January 1 and ending December 31. Such military leave shall not be deducted from accrued personal leave. An employee ordered to attend additional periods of military duty may take personal leave or leave without pay for such duty, subject to §§ 3.52.050 and 3.52.110 of this chapter. The employee shall give as much advance written or verbal notice to the city as possible and shall provide documentation substantiating the dates for which leave is requested or taken unless precluded by military necessity or if the giving of such notice is otherwise impossible or unreasonable.
(2) The city may, at the discretion of the employee’s supervisor, change an employee’s weekend schedule to accommodate the employee’s required training, field exercises, or instruction. The employee shall be given five days’ notice if such shift changes occur.
(B) Military furlough for active duty.
(1) An employee ordered to active military duty shall, upon request, be furloughed without pay for the period of the employee’s military service, not to exceed five years, in order to fulfill the employee’s military commitment. Upon discharge from active duty service, an employee shall be re-hired in the same or similar position that he or she would have had attained if the employee had not been absent (including seniority credit), provided the employee (i) is qualified to perform the job, (ii) re-applies for the position within the time required by the Uniform Service Employment and Reemployment Rights Act (USERRA), and (iii) is otherwise eligible and entitled to be re-hired for the position under USERRA. An employee who is furloughed without pay under this subsection will:
(a) Not be considered a City employee for the duration of the furlough;
(b) Have the opportunity to purchase health insurance through COBRA in accordance with and subject to any and all limitations set forth in the health plan and federal and state law;
(c) May elect to use or cash out paid annual leave; and
(d) Not accrue personal leave or other benefits during the furlough.
(2) An employee placed on military furlough may be replaced by a regular or temporary employee at the discretion of the city depending on the needs of the department and the anticipated duration of the leave. A former employee who is eligible and applies to be re-hired pursuant to this section shall be given priority to the employee’s former position as required by AS 39.20.350 and USERRA notwithstanding any other provision of this Title. In such instances, the city may be required to reassign or terminate without prejudice an employee occupying the same position. The city shall be under no obligation to employ more people than necessary as a result of a rehire required by this section and applicable law. An employee who is reinstated to the same or substantially similar position under this section shall not be required to serve a probationary period.
(Am. Ord. 2019-10, passed 9-10-19)