Sec. 2-134. - Unpaid personal leave of absence.
Sec. 2-136. - Unpaid medical leaves of absence.
Secs. 2-137—2-141. - Reserved.
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)
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)
Sec. 2-134. - Unpaid personal leave of absence.
(a)
A regular full-time employee who has satisfactorily completed one (1) year of employment may be granted a personal leave of absence, without pay, at the discretion of the department head, designated representative, or designated manager, provided the employee has no paid personal leave or compensatory leave available. The maximum personal leave of absence without pay shall be six (6) months.
(b)
A leave of absence does not guarantee that the employee will be reinstated, except as required by the Family and Medical Leave Act. The city manager is authorized to promulgate policies and procedures governing unpaid personal leaves of absence.
(Ord. No. 4259-91; Ord. No. 4995-97, § 1; Ord. No. 5159-98, § 1; Ord. No. 6715-10, § 1)
Editor's note—
Ord. No. 6715-10 shall be in effect on and after September 1, 2010.
(a)
Requests for funeral leave shall be granted with pay to all regular full-time employees due to death in their immediate family. "Immediate family" for purposes of this section is defined as spouse, parent, child, sibling, grandparent, grandchild, including in-law, foster and step relationships, and any person for whom the employee or the employee's spouse has a primary care relationship.
(b)
The respective department heads shall have the authority and discretion to approve requests for funeral leave for time periods not exceeding five (5) days for each such family death. The city manager is authorized to promulgate guidelines governing funeral leave.
(c)
Proof of death may be required by the department head.
(Ord. No. 4259-91)
Sec. 2-136. - Unpaid medical leaves of absence.
(a)
A regular full-time employee who has exhausted all paid medical leave or has used the maximum allowed, and exhausted all paid personal leave and compensatory leave, and who requires additional leave for medical situations may be granted an unpaid medical leave of absence at the discretion of the department head, designated representative, or designated manager. Medical leaves of absence may be granted for the period of time medically necessary, or as required by the Family and Medical Leave Act, but shall not exceed six (6) months. A leave of absence does not guarantee that the employee will be reinstated, except as required by the Family and Medical Leave Act.
(b)
The city manager is authorized to promulgate policies and procedures governing unpaid medical leaves of absence.
(Ord. No. 4259-91; Ord. No. 4995-97, § 1; Ord. No. 5159-98, § 1; Ord. No. 6715-10, § 1)
Editor's note—
Ord. No. 6715-10 shall be in effect on and after September 1, 2010.