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HomeMy WebLinkAbout2001 10 22 Informational A Compensation to Military Employees COMMISSION AGENDA ITEM A Consent Informational X Public Hearing Regular October 22. 2001 Meeting {f Mgr. / Authorization Dept. ----- PURPOSE: The General Services Department wishes to inform the Commission of the city's policy regarding compensation to employees who are called to active duty status in the military. CONSIDERATIONS: 1. Certain questions have been asked by members of the Commission and some employees regarding the city's compensation policy for employees called to active duty in the military, particularly in light of the provisions of Chapter ll5, Section 115.l4, of the Florida Statutes. 2. Section ll5.l4 is permissive in nature, not mandatory. Although other communities may provide 30 days of full pay for the first 30 days of active military service (while the employee is simultaneously drawing full-time pay from the military), the city's Personnel Policies, particularly Section 27, sub-section 27.3, provides for the city to deduct military pay so that the employee receives compensation as though he was on duty with the city. A TT ACHMENTS: l. Section 27, Winter Springs Personnel Policies 2. Sub-section ll5.l4, Chapter ll5 (F.S.) COMMISSION ACTION: None Required. 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 alert 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 r' \. 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 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. 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 · !,ggislators . Information Center. Statutes and Constitution · Lobbyist 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. Contact us. PrlYj:KY Statement http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Disp.../ch0115.ht10/03/2001