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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-311Temp. Reso #9575 October 15, 2001 Page 2 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-311 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING THE CITY'S REVISED PERSONNEL MANUAL BY ADOPTING THE MILITARY LEAVE POLICY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 24, 1998, the City Commission of the City of Tamarac adopted Resolution R-88-57 to adopt a revised Personnel Manual; and WHEREAS, the City has since that time adopted certain additions, deletions and revisions to the Personnel Manual; and WHEREAS, changes in federal, state and local laws over time require that these policies be reviewed and amended; and WHEREAS, the Director of Personnel and City Manager recommend approval. WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to adopt the Military Leave Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City's Revised Personnel Manual is amended to replace Section 40, and to replace any and all revisions and amendments to that section, with the Military Leave Policy Temp. Reso #9575 October 15, 2001 Page 2 attached hereto as Exhibit A. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 24t" day of October, 2001. 11 ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RE69LIVTION as to form. MITCHEL`rS.KF CITY ATTORN 1 RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A Pi DIST 1: COMM. PORTNER A el DIST 2: COMM. MISHKIN A & DIST 3: V/M SULTANOF A ei DMT 4: COMM. ROBERTS A e/ Exhibit A SECTION 40 MILITARY LEAVE A. Leave for Military Training Purposes Employees who are reserve officers or reserve enlisted personnel in the United States Military or Naval Service or members of the Florida National Guard are entitled to leaves of absence from their respective duties when assigned to active or inactive duty for training purposes. Leaves of absence under the provisions of this section shall not exceed seventeen (17) working days in any one annual period. 2. The leave will be granted with pay, without loss of vacation leave or time, as long as the leave period does not exceed the annual allotment of seventeen (17) working days. The definition of "working day", as stated in Florida Statute 115,07(3), as it applies to Military Leave for training purposes is: shifts of twelve (12) hours or less shall equal one (1) working day leave of absence; shifts of over twelve (12) hours and up to twenty four (24) hours shall equal two (2) working days leave of absence. 3. Administrative leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be granted by the City without pay. 4. During the period of leave, the employee shall be entitled to retain their health insurance, dental insurance, basic life insurance, as well as optional insurance policies, in accordance with the terms and conditions of each policy as well as the cost sharing requirements of the City and employee. 5. Time spent as Military Leave of Absence for training will be considered as creditable service as permitted in the City's Pension Ordinance. B. Leave for Active Military Service (Not for Training Purposes) Employees who are officers or enlisted personnel in the National Guard or a reserve component of the Armed Forces of the United States may, subject to provisions and conditions set forth in Florida Statutes, be granted leave of absence from their respective offices and duties when ordered to active military service. Exhibit A 2. The first thirty (30) days of any such leave of absence are to be with full pay, in accordance with applicable federal law and Florida State Statutes, as amended. After the first thirty (30) days of service, the City will supplement the military pay in an amount necessary to bring the employee's salary up to the level of the civilian salary, inclusive of any incentives, earned at the time that they were called to active military duty. Should the employee's military salary be equal to or greater than the employee's civilian salary, no supplement shall be given. 3. During the period of leave, the employee will be entitled to retain their health insurance, dental insurance, basic life insurance, as well as optional insurance policies, in accordance with the terms and conditions of each policy as well as the cost sharing requirements of the City and employee. 4. Time spent as Military Leave of Absence for training shall be considered as creditable service as permitted in the City's Pension Ordinance. C. Required Documentation and Calculation of Leave Time If the employee is called to active military duty or to Reserve or National Guard training, or if the employee volunteers for the same, the employee should notify the supervisor and submit copies of the military orders as soon as practicable. The employee will be granted a military leave of absence for the period of military service, including the time reasonably necessary to travel to and from the site of duty or training, in accordance with applicable federal law and Florida State Statutes. D. Reemployment After Completion of Military Duty Upon separation from active military service, the employee will be eligible to return to the former position held or a similarly comparable position with no loss in seniority, pay, or benefits. The City may, in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), require the employee to submit to a medical examination to determine the employee's fitness to perform the essential job functions of the position to which the employee may be returning. Upon discharge from military service, an employee shall, in accordance with the Timely Application Requirements of the USERRA, notify the City of his/her intention to return to work.