350-07
MILITARY LEAVE

POLICY & PROCEDURE

Subject:

MILITARY LEAVE

Index: Human Resources

Number: 350-07

Effective Date

6/1/2010

Supersedes

10/15/2005

Page

1 of 3

Staff Contact

Nancy Carlson

Approved By

Denis Law

1.0 PURPOSE:

To establish policy and procedure for the use of military leave.

2.0 ORGANIZATIONS AFFECTED:

All departments and divisions

3.0 REFERENCES:

RCW 38.40.060 (Military Leave for Public Employees); RCW 73.16 (Restoration without loss of seniority or benefits)

City of     Renton     Policy & Procedure 350-09 - Leaves of Absence

City of     Renton     Policy & Procedure 320-02 - Compensatory Time

Uniformed Services Employment and Reemployment Rights Act (USERRA)

City of     Renton     Resolutions 3539 and 3684 “Operation Enduring Freedom” and “Operation Iraqi Freedom”

4.0 POLICY:

4.1    The City of Renton observes all laws and regulations governing leaves of absence for military service and does not discriminate against any current or prospective employees based on past, present, or future application for, or membership in, a uniformed service.

4.2    Leave for Military Training: Any regular employee who is a member of the National Guard or a Federal Reserve Military Unit shall be entitled to leave from his or her duties with full pay for up to 21 (twenty-one) workdays during each federal fiscal year for official active duty, or to take part in active training duty. The federal fiscal year is October 1 to September 30. If the active duty or active training duty and related travel time exceeds 21 workdays, the employee will be required to take the excess time as vacation, personal holiday, personal leave or, compensatory time or leave without pay. The City shall not be responsible for adjusting the employee's work schedule to avoid conflicts between work schedule and active duty or active training duty, or to guarantee the employee an opportunity to make up missed hours to ensure full pay. Note: for the purpose of implementing this section, one work day is considered time served between the hours of Midnight to 11:59 p.m. Therefore, employees who work a 24-hour shift “work day” shall constitute two workdays if the 24-hour shift starts before midnight and continues to the next day.

4.2.1    Regular employees on active duty or active training duty at the beginning of a federal fiscal year will be paid for up to 21 days of such duty unless prior arrangements have been approved by the Human Resources & Risk Management Department.

4.2.2    Regular employees who are considered a member of the National Disaster Medical System (NDMS) are not entitled to the 21 days paid training from October 1 through September 30, but are covered under all other rules of USERRA.

4.3    Leave for Active Duty Military Service: Any regular employee who is called to, or volunteers for active duty military service with the armed forces of the United States, the National Guard, or NDMS shall be placed on an indefinite unpaid leave of absence for the remainder of active service after the 21 work days have been used (except NDMS is not eligible for the 21 work days of training). The employee may, at his or her option, use any or all of his or her accrued vacation leave, personal leave, personal holiday and compensatory time accruals prior to moving to the unpaid leave status. Any unused vacation, personal leave or sick leave accruals remaining at the time the unpaid leave begins will be held for the employee until his or her return to active City employment or separation from City employment. The employee will not accrue additional personal leave, holiday, vacation or sick leave during the time of the unpaid leave. He or she will not be entitled to City paid medical benefits while on active duty over 30 days. The City will continue to pay the Health/Dental premiums for dependents’ coverage for the duration of the employee’s active military service, provided the employee remains in a paid status of at least one (1) hour each pay period. The City’s deferred compensation contributions and state retirement contributions will be suspended while the employee is on unpaid leave or if only using one hour of vacation, personal, or compensatory time per pay period. If the employee elects to make up the deferred compensation and state retirement pension contributions upon his or her return to active status, the City will contribute the City’s portion plus interest for the state retirement pension contribution.

4.3.1    Reinstatement Provisions: Eligibility for reinstatement in his or her position upon completion of service is guaranteed for service leave up to five (5) years or longer if the leave is covered under applicable laws, and providing the same position exists. If the position no longer exists, the employee will be placed in an equivalent position.

4.3.2    A returning employee must submit timely documentation based on USERRA guidelines to the Human Resources Department, including his or her DD-214 or other authorized proof of service showing that he or she is entitled to re-employment, that the length of military service has not exceeded the law's limit, and that he or she received an honorable discharge or release from the current active duty.

4.3.3    An employee who returns to work from military leave must be re-employed within a few days. Such employee will be entitled to the seniority, salary step, vacation, personal leave accrual and longevity pay that the employee would have achieved if he or she had continued working with the City during the period of military leave.

4.3.4    The returning employee’s supervisor must make reasonable efforts to train or re-train the employee.

4.3.5    Employees who fail to return to work on the date specified on the Leave Request without receiving an extension in advance are subject to disciplinary action, up to and including termination.

4.4    An employee may retain all military compensation while on military training and/or active duty.

4.5    An employee promoted or hired to fill a vacancy created by a person on military or NDMS leave is appointed to the position subject to the return of the absent employee. Upon such return, a promoted employee is restored to his or her original position or an equivalent position subject to the provisions of RCW 73.16.033. A replacement employee is subject to layoff if no other position is available.

5.0 DEFINITIONS:

A workday shall mean any hours worked between 12:00 midnight and 11:59 p.m.

6.0 PROCEDURE:

6.1    The employee will receive his or her normal pay during a leave for official active duty, or to take part in active training duty for up to 21 workdays each Federal fiscal year, providing the following conditions are met.

6.1.1    The employee shall be required to notify his or her supervisor at the earliest possible date upon learning of scheduled official active duty, or to take part in active training duty. A leave request for any military leave must be submitted 24 (twenty-four) hours in advance or as soon as possible upon notification of military duty/training. Department Administrators are responsible for submitting copies of orders and leaves to Payroll prior to or as soon as possible after activation.

6.1.2    Regular employees returning from active duty must submit a written reinstatement request and a copy of his/her DD-214 or other authorized proof of service to the Department Administrator or his or her designee. Such request shall be submitted in accordance with USERRA guidelines and must be approved prior to returning to active employment.

6.1.3    An employee who plans to take an extended military leave should obtain employee benefits information from the Human Resources & Risk Management Department prior to his or her departure.

6.1.4    An employee who is a member of the National Disaster Medical System is not eligible for the paid active duty training.