RESOLUTION

 

WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the Board of Supervisors; and

 

            WHEREAS, the Board of Supervisors finds that an amendment to Personnel Policy P-83, Military Leave, is appropriate to address benefits to County employees serving in the military.

 

            NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia, hereby amends the following section of the County of Albemarle Personnel Policy Manual:

 

By Amending:

Section P-83   Military Leave.

 

§P-83                                                   MILITARY LEAVE

 

1.  Military Leave with Pay - Upon presentation of a copy of final orders or other equivalent notice, an regular employee who is a member of an officially-recognized reserve or national guard National Guard unit shall be entitled to 15 work days of military leave for training purposes or active duty per federal fiscal year (October 1 – September 30). and shall be paid regular pay  During this 15-day period, the employee shall be considered on military leave with pay and shall accordingly be paid his or her full gross salary for regularly scheduled work hours during this period.

2.  Advance Notice – An employee who is leaving to perform military service shall provide advance written notice to his immediate supervisor (including the best approximation of the expected dates of the leave), unless it would be unreasonable to provide notice at that time or he is precluded by military necessity from providing notice.  When available, employees shall provide a copy of their military orders to their supervisor.

3.  Military Leave without Pay for Reservist Called to Active Duty – An employee who is called to active duty may be placed on military leave without pay when paid military leave under section 1 above is exhausted.

4.  Voluntary Enlistment in the Uniformed Services of the United States – Employees who voluntarily enlist in the uniformed services shall be placed on leave without pay for up to five (5) years while serving in the uniformed services.  The leave without pay shall commence after the 15-day military leave with pay and any other applicable leave has been utilized. 

5.  Supplemental Pay – For all employees involuntary recalled to active military duty, the County, after the expiration of 15 workdays of military leave with pay, shall supplement the employee’s pay in an amount necessary to bring the gross monthly salary, inclusive of the base military pay, to the gross salary earned for regularly scheduled work hours at the time of recall to federally funded military duty.  An employee is entitled to receive a maximum total of two years of supplemental pay while employed by the County.  Employees who are receiving supplemental pay under this provision shall be considered on military leave without pay for purposes of benefits under section 7 of this policy.  Upon exhaustion of supplemental pay, however, an employee may utilize accrued annual leave to cover periods of military leave upon the request of the employee.

6.  Reemployment – Any employee whose absence from employment with the County is necessitated by reason of military service in the uniformed services shall be entitled to all reemployment rights and benefits as set forth in the federal Uniformed Services Employment and Reemployment Rights Act and other applicable federal or state laws.

In accordance with the time frames and requirements established by federal law, employees shall promptly return to employment after military service is completed.  The period an individual has to report back to work or notify the employer of his intent to return to work after military service shall be based on time spent on military duty.  For service of less than 31 days, the employee/service member must return at the beginning of the next regularly scheduled work period on the first full day after release from service, taking into account safe travel home plus an eight-hour rest period.  For service of more than 30 days but less than 181 days, the employee/service member must either return to work or submit notice of intent to return to work within 14 days of release from service.  For service of more than 180 days, the employee/service member must either return to work or submit notice of intent to return to work within 90 days of release from service.

Returning employees shall be required to provide documentation to the County from their respective military commands that indicate a release from this period of active duty and that the service was performed under honorable conditions.

7.  Benefits - An employee who is drafted, volunteers for full-time military service or is called to active duty in the uniformed services shall be placed on military leave without pay when military leave is exhausted.  However, for any employee who is engaged in active federally funded military duty as a result of being drafted or involuntarily called to duty, the County, after the expiration of 15 workdays of military leave, shall pay the difference between the employee’s regular pay and the military pay received during all or any part of the term of active federally funded duty, up to a maximum of six (6) months.  At the expiration of the six-month period, the Board of Supervisors may, upon application by the employee, extend payment of the military pay differential for an additional three (3) month period.

During military leave with pay, the employee will continue to accrue seniority, annual leave, and sick leave, life insurance and VRS contributions that may be applicable during regular employment.  Employees who are on military leave without pay (including employees who are receiving supplemental pay under section 5 of this policy) will continue to accrue seniority but not annual leave, or sick leave, life insurance or VRS contributions.

During the period of active duty military service, an employee’s health insurance coverage may continue with no change in coverage from what the employee has during regular employment for a period of up to 24 monthsAn employee may elect to continue such coverage under COBRA for the maximum time allowed. 

An employee who is drafted, or involuntarily recalled to active military service, may request the County to pay the employer portion of the applicable health care premium for the lesser of 18 24 months or the day after the date on which the person fails to apply for or return to a position of employment with the County as required by federal law.  The employee shall continue to pay the remainder of the cost of employee coverage and the cost of any dependent coverage.  The County will assist the returning employee with applying to VRS for retirement benefits that may have been earned while on active military duty.

Any employee whose absence from employment with the County is necessitated by reason of service in the uniformed services shall be entitled to all reemployment rights and benefits as set forth in the federal Uniformed Services Employment and Reemployment Rights Act and other applicable federal or state laws.

 

Legal References:     Virginia Code § 44-93.  Leaves of absence for employees of the Commonwealth and political subdivisions.

                                    38 U.S.C. §§ 4301-4333.  Employment and Reemployment Rights of Members of the Uniformed Services.

Amended:  August 4, 1993; July 3, 2002

 

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