CCP 03-12-2013 - Laserfiche WebLink

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2. special training periodically made available to reserve members, and 3. service performed in accordance with section 190.08, subdivision 3. Unpaid Leave. Pursuant to 192.261 and [38 U.S.C., Sec. 4301-4333], an employee who engages in active service in any of the military or naval forces of the state or the United States for which leave is not otherwise allowed by law is entitled to an unpaid leave of absence, with rights of reinstatement as provided by state and federal law. Such rights include, but are not limited to, the right to return to the same job or to a position with like seniority, status and pay if such a position is available at the same salary which the employee would have received if the leave had not been taken. Reinstatement is subject to the following conditions: 1)the position has not been abolished or its term has not expired; 2)the employee is not physically or mentally disabled from performing the duties of the position; 3)the employee applies for reinstatement within 90 days after termination of military service or within 90 days after discharge from hospitalization or medical treatment resulting from military service, provided that such application is within one year and 90 days after termination of military service; 4)the employee submits an honorable discharge or other form of certification that the employee's military service was satisfactory. Rights of Others. An employee promoted or hired to fill a vacancy created by a person being on military leave may be appointed to the position subject to the return of the employee on military leave. Upon return of the employee on military leave, a promoted employee may be restored to the employee's original position or an equivalent position. A replacement employee may be subject to layoff if no other position is available. Payment of Accrued Leave. Pursuant to state statute, an employee reinstated after active duty shall be credited with vacation, sick leave, or any other leave that they would have received under a union contract or through this policy. If the amount of leave exceeds the contractually agreed upon limit or the limits set in this policy for maximum accrual, the City shall pay the employee for all hours above the limit in cash. The employee will be required to limit further accrual of leave per the applicable contract or policy limit. 16.19 Leave of Absence Without Pay Upon formal written request of an employee, a leave of absence without pay may be granted by the City Manager, taking into consideration: good conduct, length of service, efficiency of the employee, service needs of the City and the reason for and circumstances surrounding the leave request. Leaves of absence without pay will only be considered after all vacation and sick leave have been