2009-118 Resolution - Laserfiche WebLink

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ARTICLE 29 MILITARY LEAVE BENEFITS 29.01 Employees who are permanent public employees of the Employer, as defined in Section 5903.01 of the Revised Code, and members of the Ohio organized militia, or members of other reserve components of the armed forces of the United States, including the Ohio National Guard, are entitled to leave of absence from their respective Employer positions without loss of pay or benefits for the time they are performing service in the uniformed services because of an executive order issued by the President of the United States, 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, for a period not to exceed one year. "Without loss of pay" means that the Employer shall pay to any such employee, in accordance, to the extent practicable, with the Employer's regular payment schedule and calculated on a bi-weekly salary basis; the difference between the pay the employee would be receiving as an employee had he not have been called to active duty, anci the pay he or she is receiving as a member of the Ohio organized militia or other reserve components of the armed forces of the United States, including the Ohio National Guard, provided however, under no circumstances, shall application of this provision result in the employee receiving an amount from the Employer and military that together exceeds the amount of pay that he or she would have received from the Employer alone had he or she not been called to military duty. "Benefits" under this paragraph 29.01 means only those benefits that are provided to such employees by ordinance of the Employer or collective bargaining agreement. 29.02 If any such employee subject to an executive order or act of Congress as set forth in paragraph 29.01 above, is required to perform such military services for a period which exceeds one year, then the member's leave of absence from his or her respective Employer position shall be extended, as necessary, for a period not to exceed an additional four years. During said extended leave period, the employee shall be entitled to receive only the difference in pay between his base Employer pay and base military pay, once again, calculated on a bi-weekly basis, and Employer health care insurance benefits. 29.03 Each employee who is entitled to leave provided under paragraphs 29.01 and/or 29.02 of this Article shall submit to the Employer 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 such leave. Upon return from such military leave, each such member shall, within thirty (30) days following his or her return, submit to the Director of Finance military documentation which sets forth the amount of base military pay that the member received during the period of his or her leave of absence. 29.04 The benefits provided for in this Article are expressly in lieu of the military leave benefits provided for in Section 5923.05 of the Ohio Revised Code, including the first 30-day benefits contained in paragraph (A) of said Section 5923.05, for members who are called or ordered to the uniformed services, pursuant to one of the categories of orders set forth in paragraph 30.1 above, for a period or periods longer than a month, for each calendar year in which the employee performs service in the uniformed services. This Article is not, however, intended to supplant the benefits provided in paragraph (A) of Section 5923.05 for those employees who are members of the Ohio organized militia or members of other reserve components of the armed forces of the United States, including the Ohio national guard, who are entitled, pursuant to that paragraph, to 19