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§ 91-6. Employee benefits.
- Benefits.
- Benefits.
(11) Military leave.
(a) An employee of the town who is a member of a reserve component of the Armed Forces of the United States or the National Guard shall be granted by his or her appointing authority a leave of absence to perform military training duties in accordance with MGL c. 149, § 52A. Such absence for military training shall not affect the employee's right to receive vacation, sick leave and other benefits.
(b) If said employee is full-time and has been in the employment of the town for at least one continuous year of service, the town will compensate the employee the difference between the employee's base pay and the amount of military compensation and allowances received by the employee during such period of training, not to exceed 17 days for each fiscal year. The employee shall provide the town with appropriate documentation as requested by the appointing authority. [Amended 5-14-2001 ATM by Art. 28]
(c) All other employees shall be granted by the appointing authority leave without pay for such period.
(d) Any employee who is called to active duty or enlists in the Armed Forces of the United States shall be entitled to the rights provided under the Veterans Reemployment Rights Act.
§ 43-15. Military leave. [Amended 5-1-2000 ATM by Art. 15]
An employee called to Reserve or National Guard duty will be compensated for the difference between his military pay and his/her regular (base) pay for the training period, not to exceed seventeen days in any year, upon satisfactory evidence of completion of the training period. Military pay shall be considered to be all pay received for the entire seventeen-day period, including Saturdays and Sundays. Military leave shall not be charged to vacation time.
Chapter 38
PERSONNEL POLICIES
ARTICLE XVII
Military Leave
§ 38-62. Leave granted.
Upon proper application to his department head, an employee who is a member of the organized militia of the Army, Navy, Air Force, Marines or National Guard may be granted 15 days of leave each year to serve the time required for such service. Compensation paid for this period shall be the difference between the regular salary received from the township and the remuneration received from the Armed Forces. Said leave shall be granted only when required by the laws of the State of New Jersey or the Federal Government and shall not be construed as vacation.
§ 38-63. Indefinite leave for duration of military service.
When an employee is recalled or inducted into the military service of the United States, he shall be granted an indefinite leave of absence without pay for the duration of such military service. The employee shall be reinstated without loss of privileges or seniority, provided that he reports for duty with the township within 90 days following his honorable discharge from military service.
§ 38-38. Leave with pay.
H. Military leave.
(1) A military leave of absence shall be an excused leave of absence granted if an employee is inducted, recalled to active duty, enters active military duty voluntarily or is in the military reserves or National Guard and is called to limited active duty, regular training assignments, or extended training duty. Military leave may be paid or unpaid.
(a) Active military duty. A classified employee who leaves county service to enter the Armed Services of the United States voluntarily, by induction or reactivation shall be granted military leave without pay. Such leave shall extend through ninety (90) days after honorable discharge.
(b) Members of the National Guard or military reserves who are required to engage in regular/annual training exercises will be granted military leave, with pay, for a period not to exceed a total of three (3) weeks in one (1) calendar year.
(c) Members of the National Guard ordered to active duty under the authority of the Governor shall be entitled to military leave, with pay, for such time while actually serving under active duty orders in addition to the three (3) week period specified in Section (b).
(d) Members of the military reserves, including the National Guard, who are ordered into the active military service of the United States shall be granted military leave without pay. Such leave shall extend through thirty-one (31) days after release from active duty.
(2) Reinstatement. Upon satisfactory completion of military service and timely notice of intent to return to work, an employee will be reinstated to the employee's former position, or a comparable position with similar status, compensation and benefit entitlement, provided the employee is qualified to return to full-time duties.
(a) Active military duty. Must reapply for employment within ninety (90) days after being honorably discharged.
(b) Military reservists or National Guard.
[1] Return from active duty - must apply for reemployment within thirty-one (31) days after release from active duty.
[2] Return from regular training - must report to work on the first scheduled work day following completion of training.
(3) Benefits.
(a) Annual and sick leave, as provided by this article, will continue to accrue during the period that an employee is on military leave under (1) (b), (c) and (d).
(b) An employee may elect to use accrued annual or personal leave instead of military leave by filing written notice of their intent to do so with the Director of Human Resources.
§ 51-58. Military leave. [Amended 12-11-1990 by Ord. No. 90-39; 7-14-1992 by Ord. No. 92-21]
- Grants of all military leave shall be in addition to leave otherwise allowable.
- An employee who is a former member of the Armed Services or a member of the reserve components of the United States Armed Services, the National Guard or the Naval Militia is allowed leave with pay and without loss of seniority, accrued leave or efficiency evaluation on all days during which the employee is engaged in federally funded military duty, to include training duty, or when called forth by the Governor pursuant to the provisions of Code of Virginia, § 44-75.1 or 44-78.1. Said paid leaves of absence, however, for federally funded military duty, to include training duty, or for federally funded tours of active military duty shall not exceed 15 working days (120 hours) per federal fiscal year. When relieved from such duty, the employee shall be restored to the position held when the order to duty was issued. Extraordinary absences in excess of 15 working days (120 hours) for military purposes such as special schools, training or volunteer service shall be allowed without pay upon the approval of the City Manager. Leave for Virginia State Defense Force or National Defense Executive Reserve training purposes shall be available under the same terms.
- For employees scheduled to work other than 80 hours per biweekly basis, military leave will be paid in proportion to their respective work schedule. For example, if the normal hours in a pay period are 112 hours, this is 1.4 times the 80 hours pay period. Therefore, 1.4 times the 120 hours for military leave equals 168 hours per federal fiscal year. If more time is needed beyond what is allowed under these rules, then the employee must use some other available leave or leave without pay.
- Notwithstanding any other provision of this section, an employee who is absent for duty with the National Guard or Naval Militia under orders of the Governor pursuant to §§ 44-75.1 and 44-78.1 of the Code of Virginia is entitled to leave of absence at full pay for the period of ordered absence.
- Any employee who is a member of a reserve component of the Armed Services of the United States which is activated to extended federally funded active military duty will be deemed to be on "approved leave without pay -- military" while activated beyond 15 working days (120 hours) per tour. For an initial period of up to one year the pay of any employee on "approved leave without pay - military" shall be reduced only by the amount of any military pay, and the city will continue to provide benefit coverage allowable by city carriers to the same extent as active employees. Any extension request will only be allowed with the approval of the City Manager. Such leave is without charge against the employee's leave balance.
- An employee voluntarily entering extended active duty in the Armed Services of the United States shall be deemed to have resigned from his position and shall not have automatic rights to reinstatement in his position upon return from active duty; provided, however, that if an employee who voluntarily leaves employment for active duty serves not more than four years, has a certificate attesting that military duty was satisfactorily completed and applies for reemployment in city service not later than three calendar months following separation from active military duty, said employee shall be reemployed in any available position for which he meets the qualifications without having to serve the required probationary period. He shall be given credit for previous satisfactory city service in determining compensation.
- No part of these rules and regulations under this section shall supersede applicable state and/or federal law.
§ 29-29. Military leave.
- Any permanent employee who is either inducted or who volunteers for active military service in the United States Armed Services shall be granted a military leave of absence without pay which shall extend for 90 calendar days beyond the termination of compulsory service or the first enlistment, as applicable. Such employee shall be entitled to be restored to the position which he vacated without loss of seniority, provided that application for reemployment is made with the Administrator within the ninety-day period after his release from active duty from military service, and provided that he is physically and mentally capable of performing satisfactorily in the position.
- In the event that a position vacated by a person entering the armed services no longer exists at the time he qualifies to return to work, such person shall be entitled to be reemployed in another position of the same class in the county service, provided that such reemployment does not necessitate the laying off of another person who was appointed at an earlier date than such person returning from military leave.
- Any permanent or permanent part-time employee who is a member of the National Guard or an organized military reserve of the United States will be entitled to a leave of absence not to exceed a total of 10 working days in any one calendar year for the purpose of military training or special duty. Employees who are serving as members of such military organizations shall receive only that pay to make up the difference between military pay and county pay, and to cover employee benefits paid by the county, for the ten-day annual leave of absence for military training. The county shall not be liable for wages or benefits beyond this ten-day period. The employee must request military leave at least 10 days prior to the effective date of the leave and submit with his request a copy of orders assigning him to active duty or training. [Amended 3-8-1977 by Ord. No. 26]
- Military training or special duty leaves of absence shall not be deducted from vacation leave or in any other way result in a loss of seniority, accumulated sick leave or any of the other benefits provided county employees.
- Any permanent employee who is a member of an organized military reserve of the United States or the Delaware National Guard and who is ordered to perform emergency duty under the supervision of the United States government or the State of Delaware shall be granted a leave of absence during the period of such activity. Any such employee shall receive the pay differential in the amount by which the employee's normal wages, calculated on the basis of a standard workweek, exceed any pay received as a result of performing emergency duty. A copy of the employee's military pay voucher shall be submitted with his request for pay differential compensation.
§ 33-29. Military leaves of absence.
- When any member of the Wanaque Police Department who has entered or hereafter shall enter the active military or naval service of the United States or of this state, in time of war or an emergency, or for or during any period of training, or pursuant to or in connection with the operation of any system of selective service, or who has entered or hereafter in time of war shall enter the active service of the United States Merchant Marine or any similar organization authorized by the United States to serve with the army or navy, he shall be granted a leave of absence for the period of such service and for a further period of three months after receiving his discharge from such service. If any such person shall be incapacitated by wound or sickness at the time of his discharge from such service, his leave of absence shall be extended until three months after his recovery from such wound or sickness, or until the expiration of two years from the date of his discharge from such service, whichever shall first occur.
- In no case shall such person be discharged or separated from his office, position or employment during such period of leave of absence because of his entry into such service. During the period of such leave of absence, such person shall be entitled to all rights, privileges and benefits that he would have had or acquired if he had actually served in such office, position or employment during such period of said leave of absence, except the right to compensation. Such person shall be entitled to resume the office, position or employment held by him at the time of his entrance into such service, provided that he shall apply therefor before the expiration of his said leave of absence. Upon resumption of his office, position or employment, the services in such office, position or employment of the person temporarily filling the same shall immediately cease.
- If any person shall be appointed a member of the Police Department of the Borough of Wanaque to fill any vacancy, the Council thereof shall certify how such vacancy occurs or exists, and the name of the person, if any, who held such office or position immediately prior to the vacancy.
- No person who, after entry into such service, shall have been separated from such service by a discharge of lesser degree than honorable discharge shall be entitled to any of the rights, privileges or benefits herein conferred.
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