HomeMy WebLinkAboutR&R 103.10 NEW 2-2011_Military LeaveEffective:
Revised:
Replaces:
2/5/2011
103.01J
103.10 — Military Leave
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I. Guiding PhilosophX
We appreciate the service of our military personnel and strive to comply with the provisions
of USERRA for employees in the National Guard or military reserves, while also meeting our
staffing and scheduling needs in a well-planned and efficient manner.
II. Purpose
The purpose of this policy is to define the standard system of administering military leave
programs and activities within Beaumont Fire -Rescue Services.
III. Goals
The goals of this policy are to:
A. Communicate a statement of intent relative to regulatory parameters.
B. Set the standards related to the administration of military leave, associated
documentation and behavioural expectations, and the consequences of non-
compliance.
IV. Definitions
A. Military LES — Acronym for Military Leave and Earnings Statement; pay scale for
military personnel.
B. USERRA — Acronym for the Uniformed Services Employment and Reemployment
Rights Act of 1994; federal legislation that protects the employment status and
benefits of military reservists.
V. Statement of Intent
A. For civil service members, military leave is regulated by the Uniformed Services
Employment and Reemployment Rights Act of 1994, City Policies 2. Sa Military
Leave during a National Emer eet cy and 2. SbMilitary Leave Time Account, unless
otherwise specified in these regulations.
B. Failure to provide adequate documentation in accordance with this policy may result
in members:
1. Being underpaid while on military leave (causing avoidable delay in
receiving funds).
2. Being overpaid while on military leave (subjecting member to repayment of
excess funds upon return).
3. Not being paid for undocumented leave.
VI. Responsibilities & Administration of Military Leave
A. General Responsibilities
1. The member is responsible for notifying the Fire Chief or his/her designee of
his/her military status:
a. Upon employment (if applicable).
b. Within ten (10) calendar days after enlistment.
c. Within ten (10) calendar days after discharge.
2. The member is responsible for forwarding the following to the Fire
Administrator or his/her designee no later than January 1 of each year:
a. His/her current military pay scale.
b. The name and contact information for his/her current military
Commanding Officer.
3. The Fire Administrator or his/her designee are responsible for providing
status updates on military personnel via email to City Human Resources -
Civil Service Director, City Finance -Payroll Administration, and the
member's direct chain of command, up to and including the Fire Chief, when
received.
4. The Deputy/Division Chief is responsible for entering the appropriate
Firehouse and HTE activity codes for members on military leave.
B. Training & Drills
1. The member is responsible for:
a. Providing his/her military training/drill schedule to his/her
Deputy/Division Chief no later than October 1 each year.
b. Updating his/her Deputy/Division Chief via email relative to changes
in his/her training/drill schedule as soon as practical after
notification.
2. The Deputy/Division Chief is responsible for:
a. Maintaining a copy of the original schedule for reference by
upgradeable Chiefs and others who assist in scheduling.
b. Forwarding the original schedule to Fire Administration no later than
the next business day.
c. Updating the Fire Administrator and administrative staff at Fire
Headquarters via email of changes in the training/drill schedule as
soon as practical after notification.
3. Scheduling and Payroll Codes for Military Training/Drills are:
a. Firehouse — M t?° 11"
b. HTE Payroll — Mt?
R&R 103.10 — Military Leave Page 2 of 4
C. Active Duty
1. The member is responsible for providing the following to the Fire
Administrator or his/her designee:
a. Active duty orders and pay scale within fourteen (14) calendar days of
receipt, if practical.
b. Deployment status changes as soon as practical after receipt.
c. Date of release from active duty status and discharge documentation
as soon as practical after receipt.
2. The Fire Administrator or his/her designee is responsible for:
a. Notifying the member's chain of command via email of the date of
deployment.
b. Forwarding the active duty orders and pay scale to the City Human
Resources -Civil Service Director and City Finance -Payroll
Administration.
c. Notifying the member's chain of command, City Human Resources -
Civil Service Director and City Finance -Payroll Administration of the
return to work date.
d. Forwarding discharge documentation to City Human Resources -Civil
Service Director and City Finance -Payroll Administration.
3. Scheduling and Payroll Codes for Active Duty are:
a. Firehouse - M t?, -
b. HTE Payroll - M t?
D. Reporting Back to Work
1. Under USERRA, the time limit for an employee to return to work after
annual training or other types of extended military leave depends on the
duration of the orders, and conforms to the following table:
Length of Service
Return to Work
1 to 30 days
Beginning of the next regularly scheduled work period
on the first full day following the completion of service
and expiration of an 8 -hour rest period following safe
transportation home.
31 to 180 days
Application for reinstatement must be submitted not
later than 14 days after completion of military duty.
181 or more days
Application for reinstatement must be submitted not
later than 90 days after the completion of military duty.
2. Application for reinstatement must be submitted in writing (email is
preferable) to the Fire Chief and/or his/her designee, and will include the
date of completion of military duty and the expected date of return to work.
3. The Fire Chief or his/her designee will communicate the above information
to the Civil Service Director, the employee's chain of command, and
necessary staff personnel.
R&R 103.10 — Military Leave Page 3 of 4
4. If not already provided, copies of discharge documentation will be required
immediately upon return to work.
E. Military Leave Time Account
1. Members interested in donating accrued leave to the department's Military
Leave Time Account must complete the Military Leave Time Account
Donation Form at one of the following:
a. During the annual benefit enrollment period.
b. Upon retirement.
c. Upon termination.
2. Members wishing to access leave donated to the department's Military Leave
Time Account should contact City Human Resources -Civil Service Director.
VII. Consequences of Non -Compliance
A. Because military leave abuse is a serious offense, supervisors will initiate
appropriate actions to investigate and document whether abuse has occurred.
B. Members with knowledge of military leave abuse are obliged to report infractions
through their chain of command.
C. Military leave rules and regulations violations may result in counseling or
disciplinary action, as indicated in the following table:
R&R 103.10 — Military Leave Page 4 of 4
1St Offense
2nd Offense
3rd Offense
Nature of Violation
Min/Max
Min/Max
Min/Max
1.
Falsification of military
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leave documentation
2.
Supervisory failure to act in
4 day Suspension/
8 day Suspension/
15 day Suspension/
investigating or documenting
8 day Suspension
12 day Suspension
Indefinite Suspension
military leave abuse
3
Failure to return to work
4 day Suspension/
8 day Suspension/
15 day Suspension/
when released or discharged
8 day Suspension
12 day Suspension
Indefinite Suspension
4.
Failure to report known or
2 day Suspension/
6 day Suspension/
15 day Suspension/
suspected military leave
4 day Suspension
12 day Suspension
Indefinite Suspension
abuse
5.
Military leave
Oral Counsel/
Written Counsel/
8 day Suspension/
documentation not submitted
Written Counsel
8 day Suspension
Indefinite Suspension
or forwarded in a timely
manner
6.
Failure to make proper
Oral Counsel/
Written Counsel/
8 day Suspension/
notification
Written Counsel
8 day Suspension
Indefinite Suspension
R&R 103.10 — Military Leave Page 4 of 4