38-18 Repeal Sec. 149.16 Military Leave

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written statement from the appropriate military commander authorizing that service, prior to being credited with that leave. (f) The City shall maintain or reactivate all medical, dental and prescription benefits of an employee who is entitled to leave provided under subsection (c) hereof at the request of the employee, the employee's spouse or the employee's dependent. The employee, spouse or dependent and the City shall continue to be liable for payment of the cost of said benefits as if the employee were not on a leave of absence. is hereby repealed. Section 2. New Section 149.16, Military Leave; Compensation, is hereby enacted to read as follows: 149.16 MILITARY LEAVE; COMPENSATION. (a) All full -time, permanent, hourly employees and all annual, salaried employees shall be granted leaves of absence from their respective positions without loss of pay for the time they are performing service in the uniformed services, for periods of up to one month, for each year in which they are performing service in the uniformed services. (b) Any full -time, permanent, hourly employee or annual, salaried employee who is entitled to the leave provided under subsection (a) of this section, and who is called or ordered to the uniformed services for longer than a month, for each federal fiscal year in which the employee performed service in the uniformed services, because of an executive order issued by the president of the United States, because of an act of congress, or because of an order to perform duty issued by the governor pursuant to section 5919.29 of the Revised Code is entitled, during the period designated in the order or act, to a leave of absence and to be paid, during each biweekly pay period of that leave of absence, the lesser of (1) the difference between the employee's gross biweekly wage or salary as a employee and the sum of the employee's gross uniformed pay and allowances received in that pay period; or (2) two hundred fifty dollars. (c) No employee shall receive payments under subsection (b) hereof, if the sum of the employee's gross uniformed pay and allowances received in a pay period exceed the employee's gross wage or salary for that period or if the employee is receiving pay under subsection (a) hereof. (d) Each employee who is entitled to leave provided under subsection (b) hereof shall submit to the employee's appointing authority the published order authorizing the call or order to the uniformed services or a written statement from the appropriate military commander authorizing that service, prior to being credited with that leave. (e) The City shall maintain or reactivate all medical, dental and prescription benefits of an employee who is entitled to leave provided under subsection (b) hereof at the request of the employee, the employee's spouse or the employee's dependent. The employee, spouse or dependent and the City shall continue to be liable for payment of the cost of said benefits as if the employee were not on a leave of absence. (f) As used in this section, "month" means twenty -two eight -hour work days or one hundred seventy -six hours, or for firefighters or emergency medical technicians, seventeen twenty- four -hour days or four hundred eight hours, within one fiscal year.