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