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Other Benefits: Other benefits, including cash payments chosen by the Employee <br /> instead of group health insurance coverage do not have to be maintained during <br /> periods of unpaid medical leave. No Employee benefits will be earned by an <br /> Employee while on unpaid leave of absence and an Employee will not accrue PTO <br /> leave or be paid holiday pay while on leave of absence <br /> 9.3 Military Leave <br /> General: Minnesota Statutes, § 192.26 — 192.261 provide that an Employee of a <br /> municipality who is a member of the National Guard, the Naval Militia, the Officer's <br /> Reserve Corps, the Naval Reserve, the Marine Corps, or any other reserve <br /> component of the military or naval forces of the United States, is entitled to a leave <br /> of absence without loss of pay, seniority status, efficiency rating, or benefits for the <br /> time such Employee is engaged in training or active service, not exceeding a total of <br /> fifteen (15) days in any calendar year. <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 /> Page 20 of 51 <br /> Adopted XXX, 2009 <br /> 68 <br />