§ 35.09. Military leaves.

A.

All City employees who are members of the Uniformed Services, including the United States Armed Services, the Ohio Organized Militia when engaged in active or inactive duty for training, full-time National Guard duty, the Commissioned Corps of the Public Health Service or as an Intermittent Disaster-Response Appointee upon activation of the National Disaster Medical system or participate in an authorized training program even if not a member of the Uniformed Service, or any other category of persons designated by the President of the United States in time of war or emergency shall be entitled to leave of absence from their respective duties for such time as they are in such military service on field training, attending a Military Service academy or other training recognized under Uniformed Services Employment and Reemployment Rights Act as amended (USERRA), or active duty for periods not to exceed five cumulative years except as otherwise required by USERRA.

B.

If a permanent City employee's gross military pay or compensation during such period of leave of absence is less than his gross City pay would have been for such period, he shall be paid by the city, the difference between the gross City pay and his gross military, pay for the time period of: (i) thirty-one days for each calendar year in which he is performing service in the Uniformed Service; or (ii) for longer than thirty-one days, if called or ordered to perform service in the Uniformed Service because of an Executive Order issued by the President of 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. In determining such employee's military or other pay for the purposes of this section, allowances for travel, food, or housing shall not be considered, but any other pay or allowance of whatever nature, including longevity pay, shall be considered.

1.

The time period for the payment differential is limited to five cumulative years of Active Duty Military Service or as otherwise required by USERRA. The City will make an exception to the time limit during the period an employee is protecting this County in a combat zone.

2.

No permanent employee shall receive payments under this section if the sum of his gross military pay and allowances received in a pay period exceeds the employee's gross pay as a permanent City employee for that period.

3.

Each permanent employee must submit documentation of his military pay in order to receive the pay differential.

C.

Any City employee who is required by any component of the Armed Forces of the United States to report for a military fitness examination or to perform authorized funeral honors duty under 10 U.S.C. 12503 OR 32 U.S.C. 115 during his work week shall be paid for such leave time.

D.

Health plan coverage shall be continued for permanent, full-time employees ordered to active military service, their eligible spouses and dependents, upon election by the employee to continue coverage subject to payment of applicable employee contributions pursuant to USERRA. The City will make an exception to the time limit during the period an employee is protecting this country in a combat zone.

E.

During a period of active military service, City employees called to duty in the active military service are entitled to non-seniority rights and benefits while receiving supplemental compensation pursuant to this section of the City of Akron Code of Ordinances. Pension contributions will continue for those reservists receiving supplemental pay. Service credit will be applied in accordance with federal law and state pension fund laws and rules. An employee on unpaid status due to military service will be treated the same as an employee on a leave of absence provided that such employee has not knowingly provided notice of intent not to return to City employment after service in the uniformed services.

F.

A City employee who is reemployed following a period of uniformed service is entitled to the seniority and seniority-based rights and benefits that he or she had on the date the service began, plus any seniority or seniority-based rights and benefits that he would have obtained had he remained continuously employed, provided he complies with the reemployment requirements of Uniformed Services Employment and Reemployment Rights Act.

(Ord. 549-1968; Ord. 443-1958)

(Ord. 65-2012)