Loading...
HomeMy WebLinkAboutReso 105-2001RESOLUTION NO. 103-2001 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING A MILITARY LEAVE POLICY FOR NON-CAREER NATIONAL GUARD OR MILITARY RESERVE PERSONNEL WHEREAS, the City of South San Francisco desires to accommodate the needs of its permanent employees who have successfully completed an initial one-year probationary period and who are called upon to perform military service because of the national tragedy of September 11, 2001; and WHEREAS, the City desires to partially mitigate the negative financial impact that uniformed military service may experience as a result of military service by providing greater benefits to those employees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby resolve as follows: The military leave policy set forth herein is hereby adopted. 1. Applicability All City employees who have successfully completed an initial one-year probationary period shall be eligible for participation in this policy, whether full-time or part-time. 2. Supplement of Salaries The City will supplement an employee's salary beyond the gross amount received for uniformed military services pay for up to twelve (12) full months of active duty actually served by the employee. Any employee requesting supplemental pay pursuant to this policy shall provide the City with written evidence of his or her gross monthly salary paid for his or her military service and shall also provide written evidence that he or she has been ordered to active duty, beyond the minimum service required as part of his or her commitment to serve in the Military Reserves or National Guard. 3. Insurance During the term that an employee is called into active military duty, the City will maintain the medical, dental, and vision benefits of employees called to uniformed military service, as well as the benefits of that employee's covered dependants, subject to the terms and conditions of the City's contracts with the providers of those benefits. 4. Life Insurance During the term that an employee is called into active military duty, the City will maintain the life and accidental death and dismemberment benefits and short-term and long-term disability insurances of employees called to active duty, subject to the terms and conditions, such as Act of War exclusions, of the City' s contracts with the providers of those benefits. 5. Continuous Service The City will consider periods of uniformed military service undertaken as a result of the above-mentioned tragedy or national responses thereto to be deemed as continuous service with the City, for up to twelve (12) full months, so as to continue to accrue benefits during the time the employee is called into active duty. 6. Minimum Duration of Post-Uniformed Military Service Employment with the City Employees shall work for the City for at least six (6) months after actually returning to work for the City after completion of active duty uniformed military service. 7. Dates of Resumption of City Employment Every employee returning from active duty uniformed military service shall notify his or her employer of an intention to resume work, and resume work, according to the following schedule: a) If the employee has been on uniformed military service for less than thirty- one (31) days, the employee shall notify his or her employer of the employee's intention to resume work, and actually resume work, no later than the beginning of the first full regularly scheduled work period on the first full calendar day following the completion of the active duty period of service, or if through no fault of the employee, he or she cannot notify and report as set forth above, he or she must notify and report as soon as possible. b) If the employee has been on active duty uniformed military service for more than thirty (30) days but less than one-hundred-eighty-one (181) days, the employee shall notify his or her employer of the employee's intention to resume work, and actually resume work, no less than fourteen (14) days following the completion of the period of service, or if through no fault of the employee, he or she cannot notify and report as set forth above, he or she must report as soon as possible. c) If the employee has been on active duty uniformed military service for more than one-hundred-eighty (180) days, the employee shall notify his or her employer of the employee's intention to resume work, and actually resume work, no less than ninety (90) days after the completion of the period of service. d) If an employee is hospitalized, convalescing, or recovering from an illness or injury incurred or aggravated during the period of uniformed military service, the employee must report at the end of the period needed for recovery up to two (2) years, unless the ability to report within the 2-year period is made impossible or unreasonable due to circumstances beyond the employee's control. 8. Relinquishment of Benefits Any employee who is qualified for and elects to receive the benefits provided by the this policy but does not comply with the requirements of sections 6 or 7 above, he or she will be required to repay any supplemental compensation provided by the City pursuant to this policy. 9. Duration of Benefits The benefits payable pursuant to this policy shall continue for up to twelve (12) months from the first full day of active duty uniformed military service for each employee. 10. Modification of Policy This Policy may be modified by the City Council if there is a substantial change in the City's economic conditions including, but not limited to, a recession (defined by the Federal Reserve as two consecutive quarters of negative economic growth in the United States economy) or if the State of California or the Federal Government, through executive or legislative action, substantially impair or affect the ability of the City to provide funding. In addition, the City Council may modify this policy as it may deem appropriate. Nothing in this policy confers a vested right upon any employee to continued receipt of payments pursuant to this Policy. 11. Rights and Benefits Not Exclusive The rights and benefits provided by this Policy are in addition to those provided by existing applicable local, state, and federal law, including the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the l0th day of October, 2001 by the following vote: AYES: Councilmembers Pedro Gonzalez, Karyl Matsumoto and John R. Penna, Mayor Pro Tem Eugene R. Mullin and Mayor Joseph A. Femekes NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: