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12 -9 -2011 <br /> Conditions: The leave of absence is only in the event the Employee returns to <br /> employment immediately upon being relieved from military or naval service, or is <br /> prevented from returning by physical or mental disability or other cause not the fault <br /> of the Employee, or is required by the proper authority to continue in military or <br /> naval service beyond the fifteen (15) day period allowed for the paid leave of <br /> absence. <br /> Notice Requirements: Notice will be given to the City at least fifteen (15) working <br /> days in advance of the requested leave. Notice may be waived under certain <br /> circumstances. <br /> Active Duty: In accordance with State law, the Employee will be granted an unpaid <br /> leave of absence when called into active duty. If an Employee has not yet used <br /> his /her fifteen (15) days of paid leave when called to active duty, use of any unused <br /> paid time will be allowed prior to the unpaid leave of absence. <br /> Benefits: Eligibility for continuation of insurance coverage will be in accordance <br /> with the Uniformed Services Employment & Reemployment Rights Act of 1994 <br /> (USERRA). The Employee and dependents have the right to eighteen (18) months <br /> of continuation coverage. When the Employee returns to work, the Employee and <br /> any dependents may re -enroll in the City's insurance plan without any pre - existing <br /> condition limitations or waiting periods that might otherwise apply to a new <br /> Employee, whether or not the Employee or their dependents chose to continue <br /> coverage during military leave. The leave of absence will not be considered work <br /> time for purposes of PTO accrual. <br /> Status upon Return: Returning reservists have the right to return to their jobs or to <br /> another job of similar seniority, status, and pay upon completion of active duty in <br /> accordance with M.S. 192.261, Subd. 2 and 38 U.S.C. § 2021 and 2024. If the <br /> Employee chooses not to return to work for the City, federal COBRA and /or <br /> Minnesota Continuation laws would apply. <br /> 9.4 Jury Duty <br /> General: Regular Employees may be absent with pay when serving jury duty or <br /> when subpoenaed as a witness in court or voluntarily serving as a witness in a case in <br /> which the City is a party. <br /> Pay: To receive their normal wages, the Employee must pay the City the jury duty <br /> compensation, minus any mileage or parking reimbursement. If the jury duty <br /> compensation exceeds the regular salary rate, the Employee may keep the difference. <br /> 9.5 Funeral Leave <br /> General: Paid time off may be granted, up to a maximum of three (3) days, in the <br /> event a regular Employee suffers a death in his or her immediate family, in <br /> accordance with the provisions of this Section. Additional time off without pay, or <br /> Personal Time Off if available and requested in advance, will be granted as may <br /> Page 20 of 51 <br /> Adopted , 2011 <br /> 59 <br />