CITY OF LODI

                            ADMINISTRATIVE POLICY AND PROCEDURE MANUAL

 

 

 

 

 

SUBJECT:                                           :           MILITARY LEAVE - Policy

 

DATE ISSUED:                                   :           May 1, 1995

 

SECTION:                                           :           M

 

REFERENCE:                                     :           California Military and Veterans Code Section 395 et seq.

 

 

 

SECTION 1:                                        MILITARY LEAVE

 

                                                            Any employee who is a member of a reserve component of the United States or California National Guard is entitled to temporary military leave not to exceed 180 calendar days during any period of ordered duty for active military training.  Active military training is distinguished from inactive military duty, which covers the monthly weekend drills or the one-night-a-week training drills which most reserve components require.

 

                                                            The 180-day period authorized for military leave is intended to cover the normal two weeks of training during the summer months or the attendance at a service school.  Employees on ordered military leave for active training must be granted leave and are entitled to all rights and privileges they would receive in their public employment if they were not absent for such training.

 

 

SECTION 2:                                        COMPENSATION

 

                                                            During the first thirty (30) days of any period of temporary military leave employees shall receive compensation in addition to whatever pay is received from the federal government for training.  Such compensation shall not exceed, however, more than 30 calendar days in any one fiscal year.

 

                                                            Military leave with pay is not authorized for periods of inactive military duty; for example, weekend training duty.

 

                                                            Employees who are on military leave with pay shall continue to accrue seniority, sick leave, and vacation credits and shall receive holidays as if they had been present for work.

SECTION 3:                                        MILITARY LEAVE WITHOUT PAY FOR EXTENDED                                                                   ACTIVE MILITARY DUTY

 

                                                            A leave of absence without pay for military service shall be granted to any employee who is enlisted during a period of declared national emergency, is inducted, or is otherwise ordered to active military duty.

 

                                                            Employees returning from extended military leave under the circumstances described immediately above shall be reinstated to their former positions or ones in the same class if the employees:

 

                                                            (1)        Make written application within six (6) months after release or discharge from the military or Veterans Administration hospital;

 

                                                            (2)        Furnish their separation papers as proof of eligibility; and

 

                                                            (3)        Complete a medical examination by a physician designated by the appointing authority as may be necessary to determine job fitness.

 

                                                            Sick leave and vacation leave shall not accrue during this type of military leave, but an employee who returns to work shall be entitled to any earned vacation or sick leave unused before entering the military service as well as all benefits and privileges, including pay adjustments granted to other employees during the military leave.  The employee shall receive no seniority or merit benefits for the period of absence.