[HISTORY: Adopted by the City Council of the City of Springfield 12-21-2020. Amendments
noted where applicable.]
Notwithstanding any General Law to the contrary in the commonwealth,
this chapter, "Military Leave," has been enacted by the City of Springfield
for the purpose of establishing clear and comprehensive pay and insurance
benefits relative to City employees who are reserve members of the
Armed Forces of the United States, and are engaged in deployment.
This chapter sets forth the military leave benefits that City employees
are eligible to receive from the City during said deployments.
As used in this chapter, the following terms shall have the
meanings indicated:
The United States Army, Navy, Marine Corps, Coast Guard,
Air Force, and Space Force.
Any person employed by the City of Springfield in a full-time
capacity.
Military deployment, inclusive of required training, by a
reserve member of one of the Armed Forces of the United States.
This chapter shall apply to all full-time employees of the City
of Springfield. All obligations and responsibilities of the City of
Springfield under this chapter shall be subject to the annual appropriation
of adequate funding. It is the City's intention to ensure that
adequate funding for the benefits conferred by this chapter shall
remain a priority during the City's annual budget appropriation
process, and that said adequate funding remain in place at all times.
A.
A City employee in the reserve component of the Armed Forces of the United States on a deployment, as defined in this chapter, shall be entitled to receive pay and health benefits without loss of ordinary remuneration as a public employee during said deployment for a period of time not to exceed 30 days in any fiscal year, unless awarded additional days under § 248-5 of this chapter, and further shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime during said deployment.
B.
If the amount of compensation the City employee receives from the
federal or state government for the full duration of the deployment
is less than the base compensation which s/he would have received
for the same period of time if not deployed, the employee shall be
paid the difference by the City upon providing proper evidence as
determined by the City's Payroll Department of the eligible military
service and of the compensation received (including, but not limited
to, W-2 forms or pay records from the corresponding branch of the
Armed Services). Reconciliation under this section shall take place
in arrears on a monthly basis, and shall be dependent on the employee
providing sufficient documentation to the City in a timely manner
(in no event later than 10 days after the end of the month).
A.
There shall be established an overflow pool for the unused days that
remain after a City employee's deployment under this chapter.
Said unused days shall accumulate in the overflow pool, to be managed
and maintained by the City, and shall be disbursed to eligible applicants
in accordance with this chapter.
B.
City employees who exceed 30 days engaged in deployment shall be
eligible for an additional four days per year of military leave pay
and benefits under this chapter from said overflow pool. Eligible
City employees may apply for overflow pool benefits through the director
of their respective department. If the applicant employee has not
exceeded 34 total days engaged in deployment, and the overflow pool
has available days remaining, said employee shall be granted the benefits
under this section in accordance with the limitations set forth herein.
C.
Notwithstanding the above, if a City employee has exceeded 34 total
days engaged in deployment, and has already received the additional
four days from the overflow pool under this section, said employee
may petition directly to the head of the department where s/he is
employed for additional benefit days. Said petitions for additional
days beyond 34 total days of benefits under this chapter shall be
decided on a case-by-case basis by the head of the department in question
and the City's Chief Administrative and Financial Officer.
If any provision in this chapter shall be held to be invalid
by a court of competent jurisdiction, then such provision shall be
considered separately and apart from the remaining provisions, which
shall remain in full force and effect.
The provisions of this chapter shall take effect on January
1, 2021.
