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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 .