HomeMy Public PortalAboutRES-CC-2006-11Resolution 11-2006
A RESOLUTION AMENDING THE CITY OF MOAB PERSONNEL POLICIES AND
PROCEDURES MANUAL.
WHEREAS, the City of Moab Personnel Policies and Procedures Manual contains rules of
general application concerning hiring, promotion, pay, benefits, and discipline; and
WHEREAS, the Manual should be reviewed and revised on a periodic basis to ensure
compliance with employment laws and contemporary personnel management practices; and
WHEREAS, the Uniformed Services Employment and Reemployment Rights Act (USERRA)
was enacted by Congress and signed into law by President Clinton on October 13, 1994 and was
amended by Congress in 1996, 1998, 2000 and 2001; and
WHEREAS, the Moab City Council has determined that the Manual should be revised; and
WHEREAS, the amendment to the City of Moab Personnel Policies and Procedures Manual has
been presented to this meeting of the Moab City Council.
NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to
approve the revised Moab Personnel Policies and Procedures Manual in substantially the form
presented to this meeting of the City Council.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of the City of Moab in open session
this 25TH day of April, 2006.
CITY OF MOAB
By:
David L. Sakrison
Mayor
Attest:
Rachel Ellison
City Recorder
Resolution # 11-2006
5.3 Military Leave
Leave may be granted for a period of duty in the Uniformed Service. Extended
Military Leave is defined as any leave of eleven (11) days or more, and Short
Term Military Leave is any leave of less than eleven (11) days in duration.
(A) Short Term Military Leave in the Uniformed Service is authorized
for classified employees, statutory appointees, and contractual
employees pursuant to the following conditions:
(1)
Employees are entitled to eleven (11) working days'
military leave per year without the loss of compensation or
other fringe benefits, subject to sub -section 2 next.
(2) Employees requesting such leave must provide the City
with a copy of the military orders placing him/her on active
duty status.
(3)
Employees who are members of reserve units of the
military shall notify their immediate supervisor either
verbal or written as soon as they have knowledge of
upcoming military service. Such written notification shall
be made a part of the employee's personnel file.
(B) Extended Military Leave in the Uniformed Service Without Pay
may be granted to classified employees and statutory appointees
who enlist are recalled or are drafted to active service in the
Uniformed Service of the United States in accordance with the
provisions of Uniformed Services Employment and
Reemployment Rights Act (USERRA). Former employees shall
be permitted to return to City employment pursuant to the
following conditions:
(1) The leave of absence may not exceed five (5) years from
the date of entry into the military service (unless the
employee is involuntarily retained longer).
(2) The employee must have satisfactorily completed the
period of active duty and must furnish military discharge
documentation (DD214) that establishes the length and
character of the employee's military service.
(3)
Employees subject to this policy and leaving active military
duty are authorized to request reinstatement according to
the following schedule:
(a) If service is less then 31 days (or for the
purpose of taking an examination to determine fitness for
service) — the employee must report for reinstatement at the
beginning of the first full regularly scheduled working
period on the first calendar day following completion of
service and the expiration of eight hours rest and after a
time for safe transportation back to the employee's
residence.
(b) If service is for 31 days or more but less
then 180 days — the employee must submit an application
for reinstatement with Human Resources no later then 14
days following the completion of service.
(c) If service is 181 days or over — the employee
must submit an application for reinstatement with Human
Resources no later then 90 days following the completion
of service.
(d) If the employee is hospitalized or
convalescing from a service -connected injury — the
employee must submit an application for reinstatement
with Human Resources no later then two years following
completion of service.
(4) If service is for a period of 1 to 90 days the employee will
be reinstated in the position which the employee would
have been employed if the continuous employment of such
person with the employer had not been interrupted by such
service, the duties of which the person is qualified to
perform.
If service is for a period of 91 or more days the employee
will be reinstated in the position in which the person would
have been employed if the continuous employment of such
person with the employer had not been interrupted by such
service, or a position of like seniority, status and pay, the
duties of which the person is qualified to perform.
Employees with a service -connected disability — if after
reasonable accommodation efforts by the employer, and
employee with a service -connected disability is not
qualified for employment in the position he or she would
have attained or in the position that he or she left, the
employee will be employed in any other position of similar
seniority, status and pay for which the employee is
qualified or could become qualified with reasonable efforts
by the employer; or if no such position exists, in the nearest
approximation consistent with the circumstances of the
employee's situation.
(4) If the employee declines two (2) consecutive offers for
position vacancies, reinstatement rights shall terminate.
(5) Employees reinstated following military leave will receive
seniority and other benefits determined by seniority that the
employee had at the beginning of the military leave, plus
any additional seniority and benefits the employee would
have attained, with reasonable certainty, had the individual
remained continuously employed. In addition, an
employee's time spent on active military duty will be
counted toward their eligibility for FMLA leave once they
return to their job.
(6) If, due to a service -connected disability or for some other
reason, an employee is not qualified to perform all the
duties of his/her former
position, he/she will be placed in the closest comparable
position for which he or she is qualified.
(7)
11.41 Uniformed Services
Such leave of absence will be considered leave without
pay. Benefits shall not accrue for the duration of the leave,
although the employee shall be entitled to any accrued
benefits.
The performance of duty on a voluntary or involuntary basis in a uniformed
service, including: Active duty, Active duty for training, Initial active duty
for training, Inactive duty training, Full-time National Guard duty, Absence
from work for an examination to determine a person's fitness for any of the
above types of duty, Funeral honors duty performed by National Guard or
reserve members and Duty performed by intermittent employees of the
National Disaster Medical System (NDMS), which is part of the Department
of Homeland Security — Emergency Preparedness and Response Directorate
(FEMA), when activated for a public health emergency, and approved
training to prepare for such service. The "uniformed services" consist of the
following: Army, Navy, Marine Corps, Air Force, Coast Guard, Army
Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or Coast
Guard Reserve, Army National Guard or Air National Guard,
Commissioned Corps of the Public Health Service, Any other category of
persons designated by the President in time of war or emergency .