§ 2-133.1. Employees in regular full-time positions who are on military active duty leave for Operation Enduring Freedom and other designated military operations  


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  • The following provisions of the City Code are hereby waived or amended as stated below for employees in regular full-time positions who are on military active duty leave for Operation Enduring Freedom, and other military operations designated by the city manager for inclusion in this ordinance ("designated military operations"):

    (1) That the requirement of former City Code section 2-110 that an employee shall not carry over at the end of the fiscal year more than six hundred forty (640) hours of paid personal leave, or eight hundred sixty-four (864) hours of paid personal leave for firefighters assigned to twenty-four-hour shifts, is waived for fiscal year 2008 for those employees who have been on military active duty leave for Operation Enduring Freedom and other designated military operations during fiscal year 2008. For fiscal year 2009 and thereafter, such employees shall be subject to the provisions of section 2-110.1 which became effective July 1, 2008.

    (2) That the requirement of former City Code section 2-111(a) and (b) that an employee shall take a minimum of forty (40) hours of paid personal leave, or fifty-six (56) hours of paid personal leave for firefighters assigned to twenty-four-hour shifts, during the fiscal year in order to participate in the end of the fiscal year leave exchange program is waived for fiscal year 2008 for those employees who have been on military active duty leave for Operation Enduring Freedom and other designated military operations during fiscal year 2008. For fiscal year 2009 and thereafter, such employees shall be subject to the provisions of section 2-111, as amended, which became effective July 1, 2008.

    (3) Notwithstanding the provisions of City Code section 2-133(3) regarding the election to continue, for a period of one (1) year following entry upon active military duty, medical, vision and dental insurance for which an employee has been previously enrolled, those employees on military active duty leave for Operation Enduring Freedom and other designated military operations may continue said insurance for a period of one (1) year following entry upon active duty or until December 31, 2008, whichever period is greater. In addition, the city shall pay the above employee's portion of the cost, for calendar years 2002, 2003, 2004, 2005, 2006, 2007, and 2008 for such previously enrolled medical, dental and vision insurance plans for those employees on military active duty leave for Operation Enduring Freedom and other designated military operations.

    (4) That the right of an employee under City Code section 2-133(3)d. and e. to be paid for all or a portion of the employee's accrued paid personal leave and all accrued compensatory leave prior to entry upon active military duty is waived for calendar years 2002, 2003, 2004, 2005, 2006, 2007, and 2008 so as to permit those employees on military active duty leave for Operation Enduring Freedom and other designated military operations to receive payment, at the employee's option, of paid personal leave and compensatory leave, in increments so as to cause payment at regular intervals of the amount of the deductions normally made and in accord with federal laws and regulations, from employees' paychecks.

    (5) That the right of an employee under City Code section 2-108 and 2-119 to only accrue paid personal leave and paid medical leave while "in active pay status" is waived for calendar years 2002, 2003, 2004, 2005, 2006, 2007, and 2008 for those employees on military active duty leave for Operation Enduring Freedom and other designated military operations during 2002, 2003, 2004, 2005, 2006, 2007, and 2008 subject to the following conditions. All such employees shall continue to accrue paid personal leave and paid medical leave, following entry upon active military duty, in the same manner as before entry upon active duty, while on military active duty leave for Operation Enduring Freedom and other designated military operations. Such accrual of leave shall be applicable for calendar years 2002, 2003, 2004, 2005, 2006, 2007, and 2008.

    (6) An employee on military active duty leave for Operation Enduring Freedom and other designated military operations, who is injured or killed while on active military duty, shall not be eligible to receive from the City of Newport News, Virginia, workmen's compensation benefits as a result of said injury or death.

    (7) An employee on military active duty leave for Operation Enduring Freedom and other designated military operations can not use paid medical leave.

(Ord. No. 4259-91; Ord. No. 5159-98, § 1; Ord. No. 5737-02; Ord. No. 5860-02; Ord. No. 5989-03; Ord. No. 6076-04; Ord. No. 6167-05; Ord. No. 6314-06; Ord. No. 6542-08)