§ 308-15. Leaves of Absence; Military Service.

All city employees who are members of the Ohio National Guard, the Ohio State Guard, the Ohio State Naval Militia, or members of other reserve components of the armed forces of the United States, shall be entitled to leave of absence from their respective duties for such time as they are in the military service on field training or active duty as follows: a city employee whose standard work week consists of 40 hours shall receive up to 240 hours of military leave during any one calendar year; a city employee whose standard work week consists of 48 hours shall receive up to 288 hours of military leave per any one calendar year. For employees who work some combination of 40- and 48- hour standard work weeks during one calendar year, the amount of military leave shall be prorated for the duration of each type of standard work week actually worked by the employee during that year. The additional hours provided to 48-hour employees is based on their longer standard work weeks which tend to exhaust their military leave benefit more rapidly than employees with standard 40-hour work weeks.

Under special circumstances, an employee may request an increase in the number of hours provided under this section per calendar year, which shall be submitted by the employee at least ten business days prior to the need for additional paid military leave. Such an increase may be granted at the discretion of the city manager upon proof of special need generated by the employee's military service obligations during the relevant calendar year. Any request for an increase in paid military leave shall be made in writing by the employee to the city manager and the employee's department head, using the appropriate form supplied by the department of human resources plus documentation from the employee's military commander establishing the special need for additional paid military leave during the relevant calendar year. The decision by the city manager shall be made within ten business days of receipt of the appropriate form and documentation. If the decision is not made within ten business days, the employee shall receive additional paid military leave as needed until such decision is made, up to an additional 80 hours. Supplemental information may be requested of the employee if needed to ascertain the extent of the employee's military service obligations.

If a city employee's military pay during such a period of leave of absence is less than city pay would have been for such a period, the employee shall be paid by the city the difference between the city pay and military pay for such period. In determining an employee's military pay for the purpose of this section, allowances for travel, food or housing shall not be considered, but any other pay or allowances of whatever nature, including longevity pay, shall be considered.

(C.O. 308-18; renumbered to C.M.C. 308-15, eff. Jan. 1, 1972; a. Ord. No. 328-2002, eff. Nov. 8, 2002)