HomeMy WebLinkAbout2001 11 12 Regular C Active Duty Employees
e
COMMISSION AGENDA
ITEM C
11/12/01
Meeting
CONSENT
INFORMA TIONAL
PUBLIC HEARING
REGULAR X
MGR. IDEP
Authorization
REQUEST: The General Services Department requests that the City Commission
determine if any changes should occur in the way the City addresses the pay status of
employees who are called to active duty in the military.
e
PURPOSE: This agenda item is offered to request a determination by the Commission
regarding Sub-section 27.3, Section 27, Military Leave, of the City's Personnel Policies, and
whether or not that section should remain as currently written, or changed.
CONSIDERATIONS:
1. Certain question were recently asked by members of the Commission and
some employees regarding the eity's compensation policy for employees called
to active duty in the military, particularly in light of the provisions of Section
115.14, Chapter 115 (F.S.).
2. In terms of paying an employee one month of salary (while he/she
simultaneously draws military pay), Section 115.14 is permissive in nature, not
mandatory. The following is a survey of surrounding jurisdictions and their
practices:
e
~
Altamonte Springs
Casselberry
Lake Mary*
Longwood*
Oviedo
Sanford
Winter Park*
Pays First
30 Days
Yes
No
No
No
Yes
Yes
No
Subsidizes Military Pay
to City Salary Level
Yes
Yes
No
No
Yes
Yes
No
Subsidy
Continues For
6 months
Indefinitely
2 Years
Indefinitely
* -- Grants only leave without pay, as required by state and federal laws.
e
November 12,2001
City Commission Regular Agenda
Item "C"
3. Currently, Winter Springs subsidizes military pay to the level of an
employee's city salary, with no time limit.
RECOMMENDA TION:
Staff recommends that the City Commission make a determination to continue
the provisions of Sub-section 27.3 of the city's Personnel Policies as currently written, or
direct that such provisions be amended as the Commission decides.
FUNDING: Undeterminable at this time.
ATTACHMENTS: Section 27; Winter Springs Personnel Policies
Sub-section 115.14, Chapter 115 (F.S.)
COMMISSION ACTION:
e
e
.
re
e
SECTION 27
SUBJECT: MILITARY LEAVE
27.1 Policy
Any employee who is a member of the National Guard or the Military Reserve Forces of
the United States and who is ordered by the appropriate authorities to attend a
prescribed training program or to perform other duties shall be granted leave. The leave
shall be with pay as provided by Chapter 115 of Florida Statutes.
27.2 Procedure
Employees who request such Military Leave must present the supervisor a copy of the
appropriate military service orders no later than two weeks prior to the scheduled date of
departure. Reservists who are called to active duty status must notify superiors when
put on ale,rt for call-up. Copies of the notice of the duty assignment or service orders
must be submitted to the City prior to military leave being granted.
Any regular employee who is drafted, or who enters active duty in the Armed Forces
Reserve or National Guard, shall be granted Military Leave without pay for the period of
military commitment. Reservists who are called to active duty will be eligible for
reinstatement to a position with the level of seniority, status, and pay that would have
been available to the employee if military service had not intervened.
27.3
Compensation
The employees shall receive pay for the number of working days occurring in the
authorized period, according to work schedule, less any service pay received, or may
retain military pay and use accrued Vacation Leave in lieu of Military Leave.
27.4 Benefits
Employment benefits do not accrue during the period of military service except that
vacation and sick leave benefits will continue to accrue during a military leave of
absence. Accrual resumes upon reinstatement.
27.5 Exceptions
Military Leave with pay shall not be granted to an employee who voluntarily extends the
training time or who is required to spend additional training time caused by excessive
absences to reserve meetings during the preceding year.
City of Winter Springs
Page 46
statutes->View Statutes: Online Sunshine
Page 4 of 4
e
of the remaining members of the legislative body of the municipality. This temporary appointment
shall terminate upon the elected official's return from active military service or upon the expiration
of his or her original term of office. whichever occurs first.
History.--s. 4, ch. 20718, 1941; s. 1, ch. 91-92; s. 738, ch. 95-147.
115.12 Rights during leave.--During such leave of absence such official shall be entitled to
preserve all seniority rights, efficiency ratings, promotional status and retirement privileges. The
period of active military service shall, for purposes of computation to determine whether such
person may be entitled to retirement under the laws of the state, be deemed continuous service in
the office of said official. While absent on such leave without pay. said official shall not be required
to make any contribution to any retirement fund.
History.--s. 5, ch. 20718, 1941.
115.13 Resumption of official duties.--Upon said officer terminating his or her active military
service, he or she shall immediately enter upon the duties of office for the unexpired portion of the
term for which he or she was elected or appointed.
History.--s. 6, ch. 20718, 1941; s. 739, ch. 95-147.
e
115.14 Employees.--AII employees of the state, the several counties of the state, and the
municipalities or political subdivisions of the state may. in the discretion of the employing
authority of such employee. be granted leave of absence under the terms of this law; upon such
leave of absence being granted said employee shall enjoy the same rights and privileges as are
hereby granted to officials under this law, insofar as may be. Notwithstanding the provisions of s.
115.09, the employing authority may supplement the military pay of its officials and employees
who are reservists called to active military service for the first 30 days with full pay and,
thereafter, in an amount necessary to bring their total salary, inclusive of their base military pay,
to the level earned at the time they were called to active military duty. The employing authority
may also, in its discretion, continue to provide any health insurance and other existing benefits to
such officials and employees.
History.--s. 7, ch. 20718, 1941; s. 2, ch. 91-3.
115.15 Adoption of federal law for employees.--The provisions of section 8 of chapter 720
Acts of Congress of the United States. approved September 16, 1940 (Title 50 App. Section 308.
U.S.C.A.), insofar as it relates to the reemployment of public employees granted a leave of
absence on active military duty under this law, shall be applicable in this state and the refusal of
any state, county, or municipal official to comply therewith shall subject him or her to removal
from office.
History.--s. 8, ch. 20718, 1941; s. 740, ch. 95-147.
Welcome · Session · Committees · Legislators · Information Center. Statutes and
Constitution · Lobby.ist Information
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers
should be consulted for official purposes. Copyright @ 2000-2001 State of Florida. COl]J;acLl!.~.
Pr.iY.a.c:y'. Statement
e
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Drsp...Ich0115.ht10/03/2001