(a) All full-time hourly employees and all annual salaried employees shall be granted leave of absence from their respective positions without loss of pay for the time they are performing service in the uniform services, as defined herein, for periods of up to thirty days in each calendar year in which they are performing service in the uniform services.
(b) “Service in the uniform services” means the performance of duty, on a voluntary or involuntary basis in the uniform service, under competent authority, and includes active duty, active duty for training, initial active duty for training, inactive duty for training, full-time National Guard duty, in performance of duty or training by a member of the Ohio Militia pursuant to Ohio R.C. Chapter 5923. “Service in the uniform services” includes also the period of time for which a person is absent from their position of the City for the purposes of an examination to determine the fitness of the person to perform any duty described in this section. “Uniform services” means the armed forces of the United States of America, the Ohio organized militia when engaged in active duty for training, inactive duty for training or full-time National Guard Duty, the Commission Corps of the Public Health Service and any other category of persons designated by the President of the United States in time of war or national emergency.
(c) The Director of Finance is authorized to pay any such employee during their active military duty leave of absence. In the event an employee is entitled to additional compensation under subsection (f) hereof, each such employee, within thirty days of return from such active military duty leave of absence shall submit military documentation to the Director of Finance indicating the gross amount of base military pay that was received by the employee during the authorized leave of absence. The employee may then remit to the Director of Finance the gross amount of base military pay received or have that amount deducted from subsequent regular City pays, if the employee’s net regular City pay is sufficient to cover the amount to be deducted in not more than two regularly scheduled City pay periods.
(d) 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.
(e) The City will comply with Ohio law, federal law and applicable regulations regarding pension contributions and related benefits for employees on military leave.
(f) Any employee of the City eligible under this provision who is involuntarily called to active duty for a national or state emergency by order of the President of the United States, Congress of the United States, the Governor of the State of Ohio, or the legislature of the State of Ohio shall be granted a leave of absence for the duration of such involuntary active duty. Upon recommendation of the Mayor and approval by resolution of City Council, such employee may continue to receive the benefits as set forth in subsection (c) hereof for an additional period not to exceed 365 calendar days and during such period shall continue to accumulate vacation, longevity and sick leave credit and be entitled to all other relevant benefits, during the period of such leave of absence as recommended by the Mayor and approved by Council. Reinstatement rights and other rights shall be in accordance with relevant provisions of federal law and their companion rules and regulations.
(Ord. 2001-14. Passed 5-3-01.)