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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 (Revised November 13, 2012) 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 exhausted. The City Manager shall have the discretion to determine how much leave of absence without paid time that the employee shall be granted. No vacation, holiday, sick leave, or other benefits shall accrue or be paid during a period of leave of absence without pay. The employee shall be eligible for group health insurance benefits during the leave of absence but will be responsible for any costs of insurance premiums during the leave of absence. Upon expiration of the approved leave without pay, the employee shall be reinstated to the employee's former position or of like status and pay. Failure of the employee to report for work at the expiration of the leave shall be grounds for discharge. 16.20 Voting You have the right to be absent from work for the purpose of voting during the State Primary or General election without penalty or deduction from salary or wages. .•