(a) (1) All full-time employees of the City 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 a 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 (1) month, for each federal fiscal year in which they are performing service in the uniformed services.
(2) As used in this section:
A. "Federal fiscal year" means the year beginning on the first day of October and ending on the thirtieth day of September.
B. "Month" means twenty-two (22) eight (8) -hour workdays or one hundred seventy-six (176) hours, or for a public safety employee, seventeen (17) twenty-four-(24) hour days or four hundred eight-(408) hours, within one (1) federal fiscal year.
C. "Full-time employee" means any person holding a position in the City employment that requires working a regular schedule of twenty-six (26) consecutive biweekly pay periods, or any other regular schedule of comparable consecutive pay periods, which is not limited to a specific season or duration.
"Full-time employee" does not include student help; intermittent, seasonal, or external interim employees; or individuals covered by personal services contracts.
D. "Service in the uniformed services" means the performance of duty, on a voluntary or involuntary basis, in a uniformed 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, and performance of duty or training by a member of the Ohio organized militia pursuant to Chapter 5923 of the Ohio Revised Code.
E. "Uniformed services" means the armed forces, the Ohio organized militia when engaged in active duty for training, inactive duty training, or full-time national guard duty, the commissioned 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 emergency.
F. "Public safety employee" means a full-time City employee who is employed as fire fighter or emergency medical technician.
(b) Except as otherwise provided in subsection (c) of this section, any full-time employee of the City, who is entitled to the leave provided under subsection (a) of this section, and who is called or ordered to the uniformed services for longer than a month (e.g. 176/408 hours reference subsection (a)(2)B.) for each federal fiscal year in which the employee performed service in the uniformed services, because of an executive order issued by the United States, because of an act of congress, or because of an order to perform duty issued by the governor pursuant to section 5919.29 of the Ohio Revised Code 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 lesser of the following:
(1) The difference between the employee's gross monthly wage or salary as a full-time City employee and the sum of the employee's gross uniformed pay and allowances received that month.
(2) Five hundred dollars ($500.00).
(c) No full-time employee shall receive payments under subsection (a) or (b) of this section if the sum of the full-time employee's gross uniformed pay and allowances received in a pay period exceeds the employee's gross wage or salary as a full-time employee for that period or if the full-time employee is receiving pay under subsection (a) of this section.
(d) Each full-time City employee who is entitled to leave provided under subsection (a) of this section shall submit to the employee's appointing authority 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.
(e) Any full-time employee of the City whose employment is governed by a collective bargaining agreement with provision for the performance of service in the uniformed services shall abide by the terms of that collective bargaining agreement with respect to the performance of that service, except that no collective bargaining agreement may afford fewer rights and benefits than are conferred under this section.
(Ord. 2021-015. Passed 9-23-21.)