[Adopted 5-11-1994 by Ord. No. 3315 (Art.
155 of the 1965 Codified Ordinances)]
The purpose of this article is to establish
procedures for requesting and accounting for leaves of absence by
employees of the City for participation in obligations with the United
States Armed Forces.
[Amended 2-11-2009 by Ord. No. 5157]
The authority for this article is derived from
the provisions of 51 Pa.C.S.A. § 4102 and Opinion No. 75-4
of the Pennsylvania Attorney General.
This article applies to all City employees who
are members of the United States Armed Forces, National Guard or Coast
Guard.
A.
The City is obligated to release employees for service
with the armed forces when the employee participates in:
B.
The City is obligated to grant military leave with
pay to the employee for absences not exceeding 15 duty days per year
in accordance with 51 Pa.C.S.A. § 4102. The City cannot
require the employee to use normal annual leave or accrued vacation
for such purposes.
[Amended 2-11-2009 by Ord. No. 5157]
C.
The City is not obligated to grant military leave
with pay beyond 15 days per year. If an employee is on military leave
in excess of 15 duty days per year, that employee may use accrued
vacation days prior to being placed on unpaid leave or may choose
to be placed on unpaid leave immediately for the duration of the military
leave.
[Amended 5-27-1998 by Ord. No. 3573]
D.
The City shall continue to pay for the employee's
medical coverage while on military leave during the 15 days paid leave
and while the employee is using other qualified, earned time off,
other than sick leave. If the employee is involuntarily activated
and/or volunteers to serve in a combat zone or in response to a domestic
emergency, to active duty other than active duty for training, for
a period of 30 or more consecutive days, the City shall continue to
pay for the employee's family medical coverage until the employee's
deactivation.
[Amended 2-13-2008 by Ord. No. 5075]
E.
Military leave of absence shall result in no loss
of seniority status or benefits which would have normally accrued
if the employee had not been absent for such purposes.
F.
An employee who is called to or volunteers for service
with the armed forces of the United States or the Pennsylvania National
Guard is eligible for reinstatement in his/her position upon completion
of service, providing that the period of service is four years or
less. Eligibility for and terms of reinstatement are administered
in accordance with Title 38, United States Code, Chapter 43, Veterans'
Reemployment Rights.
G.
The City shall make a reasonable effort to adjust
work schedules and assignments to accommodate employees fulfilling
military obligations.
H.
An employee promoted or hired to fill a vacancy created
by a person on military leave is appointed to the position subject
to the return of the absent employee. Upon such return, a promoted
employee is restored to his/her original position or an equivalent
position subject to the provisions of Title 38, United States Code,
Chapter 43, Veterans' Reemployment Rights. A hired replacement employee
is subject to layoff if no other position is available.
[Amended 5-27-1998 by Ord. No. 3573]
A.
The employee is responsible to provide to the department
head or bureau head copies of all military orders which will result
in a leave of absence for active military duty. The order shall specify
the duties of absence, promulgation authority, letter order number
and signature of issuing authority. Employees are required to notify
their supervisors at the earliest possible date upon learning of scheduled
military duty.
B.
Employees who fail to return to work on the date specified
in the leave request without receiving an extension in advance are
subject to disciplinary action up to and including termination.
C.
Inactive duty training dates (weekend drills) are
to be provided to the department head or bureau head as soon as available
if the dates conflict with scheduled employment with the City.
A.
Military leave (fifteen-day military leave allowance)
shall be accounted for in increments of eight-hour periods.
B.
In the case of City firefighters or fire officers
who work a twenty-four-hour shift, military leave will be counted
as one military leave day for every 12 hours away from their on-duty
shift. If a member of the Bureau of Fire returns to his/her on-duty
shift prior to 7:00 p.m., he/she will be counted as using one military
leave day. If a member is not able to return to duty by 7:00 p.m.
or does not return to duty at all during the twenty-four-hour shift,
then two military leave days will be counted as used. This is consistent
with existing policy in the Bureau of Fire where each vacation day
and each sick day is counted as two for each taken.
C.
It is the responsibility of the appropriate official
verifying time sheets in each bureau or department to annotate the
use of military leave on the employee's monthly time sheet.
D.
The Director of Personnel's office is responsible
for the creation and maintenance of an annual military leave register
for each affected employee to ensure accurate accountability of leave
expended.
[Amended 2-11-2009 by Ord. No. 5157]
