§ 2-599. Military leave.

(a)

Covered employees.

(1)

The terms of employment policies embodied within this section apply to all regular fulltime city employees and sworn officers called to active duty in the Armed Forces of the United States or Indiana National Guard for service related to the deployment of troops upon order of the governor or president.

(2)

Each covered employee shall be considered as remaining in the employ of the city or city utilities in an inactive status while on active duty related to an ordered deployment of troops. Each covered employee shall continue in such inactive status until he returns to active employment with the city.

(3)

Each covered employee assigned to active military duty shall be responsible to notify the city, in writing, of each change in military status (including, but not limited to, wage changes, promotions, or active-duty status changes), within 48 hours of the change, or as soon as reasonably possible under the circumstances.

(4)

Each covered employee must notify the city's human resources department of his intention regarding return to active employment with the city on the required forms available from human resources. Such reapplication must occur within 90 days after such time as he is released from active duty assignment, honorably discharged from such service or released from hospitalization continuing after discharge. The employee shall file his final active military pay stub and the final military pay grid with his form for reapplication.

(5)

Following reapplication, each covered employee, if still qualified to perform the duties of the position he held immediately prior to being called to military duty, shall be restored to such position or to a position of like seniority, status, and pay. If any covered employee is not qualified to perform the duties of the position he held immediately prior to being called to military duty, by reason of disability sustained during such service, but is qualified to perform the duties of any other position in the employ of the city, he shall be offered employment and, if such covered employee so requests, shall be employed in such other position the duties of which the covered employee is qualified to perform as will provide him like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his case.

(b)

Wages and benefits.

(1)

Each covered employee shall receive paid leave for the number of working days between the last day of active employment with the city and the first day of military duty not to exceed 30 calendar days. This paid leave will be paid in regularly-scheduled, biweekly paychecks unless other arrangements are made with the board of public works and safety.

(2)

Each covered employee shall be allowed to elect, in writing, to receive compensation at his current rate of pay for all unused leave days available on his last day of active employment with the city before reporting to active military duty.

(3)

Beginning with the first day of active military pay and ending with the final day of active military pay, each covered employee shall receive a regular biweekly paycheck from the city in an amount equal to the difference between his current gross city wage and his gross military wage. For purposes of this section, gross wages is defined as total compensation subject to FICA withholding. It is the employee's responsibility to inform the city controller's office if the gross military wage is less than the employee's gross city wage. In no event shall the total of gross military and gross city wages (including any amount paid under subsection (b)(1) of this section) paid during the active military period exceed the total gross wages that would have been earned during the same time period by the covered employee in his city position had he not been called to active duty. Reconciliation of the amounts owed to or by the city shall occur as needed, following the employee's return to active city employment.

(4)

For purposes of computing the covered employee's gross city wages, each covered employee shall receive that annual increase he would have received had he not been called to active military duty.

(5)

Leave days such as, but not limited to, vacation, sick, FTO and bonus will not accrue during such time the covered employee is on active military duty.

(6)

Time on the job and seniority will accrue during such time the covered employee is on active military duty.

(7)

Upon the employee's return to active status with the city, he is eligible for any leave time, including vacation, that is available to all active city employees. Human resources can counsel the returning employee on his options, should leave be necessary.

(8)

Regular deductions from city paychecks will be honored only in the event the employee expresses his desire, in writing, to continue the deduction and that there are sufficient funds due to the employee. The funds due to the employee include the differential paid according to subsection (b)(3) of this section and any funds deposited by the employee to the city for the purpose of paying the deduction. Such deposits must occur prior to the scheduled deduction or pay period. The employee is solely responsible for maintaining his qualification for each policy or program. In the event insufficient funds are present for all requested deductions and no further direction has been received from the employee, the city shall appropriate the funds in the following order, as appropriate:

a.

Court-ordered deductions/garnishments;

b.

Health insurance premium for dependents;

c.

Union dues;

d.

Deferred compensation;

e.

Supplemental insurance or other voluntary deductions.

(c)

Health insurance.

(1)

Pursuant to the terms of the group contract providing health care benefits ("the contract") governing the terms and conditions of employee health care coverage provided by the city, health care benefits for each covered employee shall terminate as of the date he is activated to military duty, as medical coverage is provided to the covered employee by the United States government.

(2)

Dependents of covered employees with city-provided dependent health care coverage at the time the covered employee reports to active duty, shall remain covered under the contract pursuant to contract administration policies while the covered employee is activated to military duty.

(3)

Pursuant to exclusions listed in life insurance contracts, any life insurance provided to the covered employee by the city will cease while the employee is on active military duty.

(d)

Public employees' retirement fund (PERF). To the extent allowed by law, the city shall, during each covered employee's term of active military duty, continue to pay the pension contributions normally paid by the employer on behalf of the employee by virtue of his employment.

(Code 1985, § 34.05; Ord. No. 4750, 3-17-2003)