HomeMy WebLinkAbout0607 Military Leave and Extended Military Leave67
607 Military Leave and Extended Military Leave
This policy outlines the rules and procedures regarding use of military and extended
military leave by employees who participate in the United States Armed Forces
Reserves, National, or State Guard. The City complies with the Uniformed Services
Employment and Reemployment Rights Act (USERRA). If there are any
discrepancies between USERRA and the City policy, USERRA will take precedence.
.01 Eligibility
Any employee (includes regular full-time, regular part-time, part-time and casual)
who is actively participating in the Reserves, National Guard or State Guard is eligible
for military leave.
Seasonal employees are also eligible to use military leave. If the leave extends
beyond the seasonal employee’s fixed employment term, the leave will not be
extended beyond the employment term.
All employees who volunteer for emergency military service have the same eligibility
as those employees called to duty.
.03 Temporary Military Leave
1) In accordance with Chapter 173 of the Texas Local Government Code, Chapter
437.202 of the Texas Government Code and the Uniformed Services
Employment and Reemployment Act (38 USC § 43), an employee engaged in
authorized military training or duty is entitled to receive pay and benefits for 15
workdays each federal fiscal year (October 1 of each calendar year through
September 30 of the following calendar year). Workdays is defined as 120 hours
for regular employees and 180 hours for 12 hour shift or 24 hour shift personnel.
2) The employee can carry over up to 45 days (360 hours for regular employees
and 540 hours for 12 hour shift or 24 hour shift personnel) of unused accumulated
military leave from one federal fiscal year to the next. A workday is defined as
the number of hours per day the employee is scheduled to work during the leave
period.
3) The employee will request military leave and submit a copy of their military orders
via Laserfiche to their supervisor immediately upon receipt.
4) Employees who are ordered or authorized to participate in temporary military
training for more than 15 work days per year will be placed on leave without pay
for any time in excess of 15 work days unless they have accumulated unused
days carried over from a previous year. The employee may choose to use
compensatory time (if any), accrued vacation, accrued firefighter holiday hours,
and personal holiday hours in lieu of leave without pay.
5) Military leave will only be given in lieu of regularly scheduled work hours.
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.03 Extended Military Leave
1) Active duty military leave beyond the standard 15 work days of temporary military
leave will be on extended military leave. The employee should provide a copy of
their military orders via Laserfiche to their supervisor immediately upon receipt.
The City recognizes that an occasion may arise where advance notice is not
possible. When this occurs, upon return to work, the employee will be required
to submit either a copy of official orders or another form of official documentation
for the time period away from work. The city may seek verification of any military
leave used.
2) Employees who are ordered or authorized to participate in military training for
more than 15 work days per year will be placed on leave without pay for any time
in excess of 15 work days unless they have accumulated unused days carried
over from a previous year. The employee may choose to use compensatory time
(if any), accrued vacation, accrued firefighter holiday hours, and personal holiday
hours in lieu of leave without pay.
.04 Supplemental Pay
1) Supplemental pay shall be available to an employee who is on extended military
leave. The City will compensate the employee by paying the difference between
the employee’s total military pay and regular base City salary and certification pay
after receipt of proper military documents, to include check stubs, showing the
employee’s military pay. Military pay includes base pay plus additional pay such
as housing allowance, combat pay, and other special pay. Calculation of the
wage supplement will not include City overtime pay and holiday overtime pay. All
calculations and payments will be made on a bi-weekly basis.
(a) If the employee requesting the wage supplement is not a regular full-time
employee (i.e. part time, casual or seasonal employee), the wage supplement
will be calculated based on the average of the last three months of pay.
2) It is the employee’s responsibility to request the wage supplement and to provide
appropriate documentation of all military pay.
3) The wage supplement will continue for six consecutive months, or until the
employee is no longer called to actively serve in the military if less than six
months, or the employee’s military salary exceeds his/her regular City salary plus
certification pay, whichever occurs first.
If the employee receives the wage supplement, they are not eligible to use paid
leave accruals. If the employee is not eligible for the wage supplement, they may
request to use their paid leave accruals as outlined in this policy.
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4) At the end of the first six months, the City Manager may, upon request, extend
the wage supplement for an additional six-month period.
5) While receiving the wage supplement, employees on extended military leave will
continue to accrue their paid leave benefits. If the employee needs to continue
extended military leave after the wage supplement ends, the employee may make
a written request/email request to use their accrued leave balances including
vacation, firefighter holiday hours, personal holiday, and/or compensatory time.
Accrued sick leave may not be used. If the employee elects to use any of these
accruals, the leave will not be paid out in a lump sum but must be taken in
amounts consistent with the employee’s regular work schedule with the City (i.e.,
40 hours per week) and will be paid out on the biweekly payroll schedule. The
employee may also choose to make a written request to take the remaining leave
as unpaid.
6) While on extended military leave, paid or unpaid, the employee will receive any
pay plan adjustments and merit/step increases that the employee would have
attained with reasonable certainty had the employee remained continuously
employed during the period of active duty status.
7) The employee’s current health insurance benefits will continue according to the
benefit plan summaries available in Risk Management. If coverage is continued,
the normal premium contributions will be made by payroll deduction. Upon
exhaustion of paid leave, the employee is responsible for direct payment of
insurance premiums.
8) Employees are eligible for Sick Leave Buy Back regardless of how long they are
absent on extended military leave during the Sick Leave Buy Back year, so long
as they meet the other requirements of the Buy Back program.
9) Extended military leave is not considered a break in employment; employees will
continue to earn longevity pay while on extended military leave.
10) Employee and City contributions to TMRS will continue, as required by law, while
the employee is receiving a paycheck from the City. Employees will not lose
accrued benefits with TMRS during unpaid military leave. Upon reemployment
with the City, the employee will need to complete a TMRS USERRA Military
Service Credit Application in order to get TMRS service credit for the period of
time they were in unpaid status. The employee also has the option to make
payments to TMRS to make up their missed employee contributions to TMRS
while on extended military leave. This option is only available for a limited time
after reemployment.
.05 Misuse or Misrepresentation
1) Misuse or misrepresentation of the use of military leave is a serious offense and
will be subject to discipline up to and including termination. Misuse includes not
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returning to work on the next regularly scheduled work day/shift after completion
of any military leave and in compliance with USERRA and FMLA regulations.
2) Filing false military documents or orders for the purpose of receiving military leave
is a serious military offense covered under the Uniform Code of Military Justice
(UCMJ). If false documents are discovered, the offense will be reported to the
appropriate unit or command authority.
Revised 01/31/2018
Revised 06/16/2021