Loading...
HomeMy WebLinkAboutR2002-037RESOLUTION NO. fi~0~-- ~ 7 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING MILITARY SERVICE LEAVE POLICY OF CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has a military service leave policy for city employees who participate in the military service during employment; and WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a revised policy regarding employee roles and regulations concerning the military service leave policy; and WHEREAS, the City Council, desires to adopt such policy as an official policy regarding employment with the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That Policy numbered 111.04 "Military Service Leave" of the Personnel Policies and Procedure Manual of the City of Denton attached hereto and ineo~orated by reference herein, is hereby approved as official policy of the City of Denton, Texas, and replaces former policy 111.04. SECTION 2. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ ~/F-~day of (~g~)~tr~¢~t~ ,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY AP~O¢~D A/AS-TO ~E;2 F~RM: HERBERT L. PROUTY, CITY ATTORNEY CITY OF DENTON PAOE oF4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 111.04 SUBJECT: APPROVED LEAVE INITIAL EFFECTIVE DATE: 07/01/86 TITLE: MILITARY SERVICE LEAVE LAST REVISION DATE: 09/03/02 POLICY STATEMENT: It is the policy of the City of Denton to provide authorized leave of absence for all regular full-time employees who participate in the United States Armed Forces, State Military Forces or National Guards tour of military duty in compliance with all relevant federal and Texas laws. Further, it is the intent of the City of Denton to recognize the public policy interest in supporting the United States Armed Forces, State Military Forces and National Guards during times when the President of the United States shall by Executive Order effect the involuntary activation of military reserve personnel to support and defend the United States' interests at home and abroad. To that end, the City of Denton may provide benefits in excess of the legal Ininimums set forth in federal and Texas laws to its employees who are subject to involuntary reserve activations as set forth in the administrative procedures to this policy. ADMINISTRATIVE PROCEDURES: It is the intent of the City to comply with all conditions and requirements of federal and Texas laws now existing, and/or as may be amended. I. ACCRUAL There is no accrual of military leave. Up to fifteen (15) paid days, per fiscal year, of military leave is available for use as required by Law. Unused military leave will not be paid out at the time of separation. B. The City has no obligation to pay an employee on military leave for training days that occur on a regular day off or outside of work time. A supervisor who has an employee using military leave has no obligation to change the work schedule so that the employee receives a full forty (40) hours of work (for example, if an employee's normal schedule is 8 to 5 Monday through Friday and the employee must miss Friday due to military duty, the supervisor does not have to let the employee work additional hours to make up the time). All employees using military leave should make arrangements for the disbursement of any pay received from the City during their absence. This is the responsibility of the employee and no funds will be released without proper authorization. HR/POLICY/111.04 PAGE 2 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: MILITARY SERVICE LEAVE REFERENCE NUMBER: 111.04 II. PROCEDURES FOR REQUESTING LEAVE All participating employees must submit written requests for the specified duration of the leave and, if available, copies of the written orders to their immediate supervisor within 72 hours after the employee requests/volunteers for annual military duty or upon receipt of orders, whichever occurs first. Military Leave for all civil service employees will be afforded in accordance with Texas Local Government Code § 143.072. Civil service employees must submit written notification for active military duty, excluding weekend or reserve duty drill, to the Civil Service Commission. The written notification will be included in the employee's personnel file as a matter of record and will specify that return to full employment status without loss of seniority is afforded by Vernon's Texas Local Government Code § 143.072. On occasions where advance notice is not possible, an employee will be required to submit either a copy of official orders or another form of official documentation for the time period away from work as soon as possible, but no later than upon the employee's return to work. The supervisor may seek verification of any military leave used. Upon receipt of a request for leave, the employee's supervisor will complete a status report indicating the length and type of military service leave and forward the status report along with a copy of the leave request and military orders to the Human Resources deparmaent. III.SHORT TERM MILITARY SERVICE LEAVE Short-term military service leaves are defined as military service not exceeding 15 calendar days per year. Upon approval of the military leave, the employee will receive his/her normal gross salary for the pay period in which the absence occurs, up to 15 days. If military leave extends beyond 15 days, the employee must submit a separate request for extended military service leave. B. An employee will continue to accrue leave benefits during the approved short-term military leave IV. EXTENDED MILITARY SERVICE LEAVE Extended military service tours of duty are defined as any military tours that will require an employee to be absent from work longer than the amount of time designated in administrative procedures for Short Term Military Service Leave, IlL HPJPOLICY/lll.04 PAGE 3 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) ITITLE: MILITARY SERVICE LEAVE REFERENCE NUMBER: 111.04 All leave days beyond the initial yearly fifteen (15) days per the Short Term Military Service Leave may be paid, at the employee's discretion, using accrued Vacation time or Compensatory time for non-exempt employees. Accrued sick leave may not be substituted. The employee may also choose to take the remaining duty days as unpaid. The City will continue to pay for the employee's health insurance, long-term disability insurance and life insurance while the employee is on extended military service leave. If the employee elects not to use accrued Vacation or Compensatory time after the first fifteen days of Short Term Military Service Leave, or if the employee exhausts all accrued Vacation or Compensatory time while on extended military service leave, it will be the employee's responsibility to make arrangements for the payment of any additional benefits that are typically paid by voluntary deduction(s) from the employee's pay. If the employee fails to pay for elected benefits within thirty (30) days of the payment due date, the benefit will be canceled effective the paid through date. C. An employee will continue to accrue leave benefits while on paid leave, but will not d o so if he/she chooses to take the leave as unpaid leave. V. INVOLUNTARY RESERVE ACTIVATION Involuntary reserve activation is defined as being called to active duty (order to active tour of duty) and does not include voluntary activation. In the case of involuntary reserve activation (an order to active tour of duty), the City will, for the period of one year (12 consecutive months) or less, pay partial salary to the activated employee during this tour of duty. This payout will be the difference between the reservist's military pay and his/her salary at the time of the involuntary activation. In the case of involuntary reserve activation, the City will continue to pay for those benefits for which the City would pay if the employee were working (i.e., appiicable health insurance, long-term disability insurance, and life insurance). An employee may elect to continue coverage for employee paid benefits (such as spouse or family health insurance, vision insurance, dental insurance, short-term disability, etc). If the employee elects to continue coverage for employee paid benefits, the amounts for the coverage will be deducted from the partial salary paid pursuant to paragraph A, supra. If the partial salary is not sufficient or if the employee's involuntary reactivation extends for more than twelve months, the employee will be responsible for making arrangements for the full payment of the employee elected benefits. If the employee fails to pay for elected benefits within thirty 30) days of the payment due date, the benefit will be canceled effective the paid through date. HR/POLICY/111.04 PAGE 4 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: MILITARY SERVICE LEAVE REFERENCE NUMBER: 111.04 C. There will be no continued accrual of leave benefits when partial salary pay begins. D. The reservist will be required to supply a written copy of military orders whenever available and monthly copies of pay stubs to activate and maintain this pay out. E. If the reservist's active duty extends beyond twelve (12) consecutive months, pay status will revert to Extended Military Leave. F. Upon the employee's return to active employment with the City of Denton, the employee will be required to provide proof that the employee's discharge from active duty was anything other than a dishonorable discharge. HR/POLICY/111.04