CCP 04-22-2014 - Laserfiche WebLink

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Paid Leave. Pursuant to Minnesota Statutes Section 192.26, employees who are members of the National Guard, or any other branch of the state militia or the officers' reserve corps, the enlisted reserve corps, the Naval Reserve, the Marine Corps reserve, or any other reserve branch of the military or naval forces of the United States are entitled to a paid leave of absence of up to fifteen (15) days in any calendar year for training or active service authorized by the proper authority. The employee shall not lose pay, seniority, vacation leave, sick leave, or any other benefits during the leave of absence. The leave will not be allowed if the employee does not provide the City with a leave request in writing or does not provide a copy of their official written orders. All employees are expected to return to work immediately upon being relieved from service, unless the employee is prevented from returning by physical or mental disability or other cause not the employee's fault or is required by the proper authority to continue in service beyond the 15 -day leave period. Per City Council approval and budgetary review, employees of the City who are called to active service may be eligible to receive payment of an amount equal to the difference between the member's active duty military salary and the salary the member would be paid as a full time active employee of the City, including any adjustments the member would have received if not on a leave of absence. This payment may be made only to a person whose active duty military salary, including but not limited to allowances for basic housing, family separation, subsistence and hostile fire, is less than the salary the person would be paid as an active City employee without the addition of benefits. A City of New Brighton employee who is on active military duty and is a full time employee at the time he /she was ordered to active service in the military shall be eligible for this payment. The term "active service" is the meaning given in Minnesota Statute Section 190.05, subdivision 5, but excludes service performed exclusively for the purposes of: 1. basic combat training, advanced individual training, annual training, and periodic inactive duty training; and 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 .: