§ 2-133. Military leave  


Latest version.
  • Military leave and reemployment rights will be administered in accordance with the Code of Virginia, 1950, as amended, and applicable federal laws and regulations, including, but not limited to, Title 38, The Uniformed Services Employment and Reemployment Rights Act, of the United States Code.

    (1) All officers and employees of the City of Newport News who are former members of the Armed Services or members of the organized reserve forces of any of the Armed Services of the United States, National Guard, or naval militia shall be entitled to leaves of absence from their respective duties, without loss of seniority, accrued leave, or efficiency rating, on all days during which they are engaged in federally funded military duty, to include training duty, or when called forth by the governor pursuant to Sections 44-75.1 or 44-78.1 of the Code of Virginia, 1950, as amended. There shall be no loss of regular employer pay during such leaves of absence, except that paid leaves of absence for federally funded military duty, to include training duty, shall not exceed fifteen (15) workdays per federal fiscal year, and except that no officers or employees shall receive paid leave for more than fifteen (15) workdays per federally funded tour of active military duty. When relieved from such duty, they shall be restored to positions held by them when ordered to duty. If the office or position has been abolished or otherwise ceased to exist during such leave of absence, they shall be reinstated in a position of like seniority, status and pay, if the position exists, or in a comparable vacant position for which they are qualified, unless to do so would be unreasonable. For the purposes of this section, with respect to employees of the City of Newport News who do not normally work approximately equal workdays on five (5) or more days of each calendar week, the term "workday" shall mean one-two hundred sixtieth (1/260) of the total working hours such employee would be scheduled to work during an entire federal fiscal year, not taking into account any state or city holidays, paid medical leave, paid personal leave, military leaves, or other absences.

    Where officers and employees of the City of Newport News return from federally funded military duty and the eight-hour rest period required by Title 38, The Uniformed Services Employment and Reemployment Rights Act, of the United States Code, overlaps such officers' and employees' scheduled work shift, the officers and employees shall receive paid military leave to the extent of such overlap.

    (2) All non-temporary officers and employees of the City of Newport News who enter upon military active duty with the Armed Forces of the United States of America, other than as provided for in subsection (1) shall be granted military active duty leave, without pay, in accordance with applicable federal laws and regulations, including, but not limited to, Title 38, The Uniformed Services Employment and Reemployment Rights Act, of the United States Code.

    (3) In addition to the entitlements provided by state and federal law, employees of the City of Newport News eligible for military active duty leave under subsections (1) and (2) shall also be entitled to the following:

    a. The right to elect to continue to participate in the city's existing medical insurance plan for a period of one (1) year following entry upon active duty in the same manner as before entry upon active duty.

    b. The right to elect to continue to participate in the city's existing dental insurance plan for a period of one (1) year following entry upon active duty in the same manner as before entry upon active duty.

    c. The right to elect to continue to participate in the city's existing vision plan for a period of one (1) year following entry upon active duty in the same manner as before entry upon active duty.

    d. The right to be paid for all or a portion of their paid personal leave accrued prior to entry upon active duty and to allow the balance, if any, of such accrued paid personal leave to remain credited to that employee until later reemployment with the city or a subsequent request to be paid in full if reemployment is not effected.

    e. Receipt of full payment for compensatory time accrued prior to entry upon active duty. Compensatory time shall not be carried over until reemployment by the city, nor shall compensatory time accrue during a period of military active duty leave.

    f. Although paid personal leave shall not accrue during such time as an employee is on military active duty leave, such employee's paid personal leave accrual rate shall be calculated to include the period of active duty service upon reemployment with the city pursuant to the requirements of Title 38 of the United States Code.

    g. Although unused paid medical leave shall be forfeited upon entry on military active duty leave, and no paid medical leave shall accrue during such period, prior unused paid medical leave shall be reinstated upon reemployment by the city pursuant to the requirements of Title 38 of the United States Code.

(Ord. No. 4259-91; Ord. No. 5159-98, § 1; Ord. No. 5737-02; Ord. No. 5973-03; Ord. No. 6286-06, § 1)