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Military Leave, Supplemental Pay & Benefits (PER-21, Rev.1) CITY OF DELRAY BEACH lfgy= V 5 ADMINISTRATIVE POLICIES AND PROCEDURES DEPARTMENT: Human Resources POLICY NUMBER: PER-21 SUBJECT: Military Leave Supplemental SUPERSEDES: -0- Pay and Benefits REVISION: EFFECTIVE DATE: /0 ,D �O / t APPROVED BY: nce R. Moore, ICMA-CM, C. y Manager PURPOSE The City of Delray Beach Military Leave Supplemental pay and Benefits policy provides for supplemental pay and benefits to those employees who are called to active duty at the Government's request. This policy is for all City employees unless covered under the employees respective Collective Bargaining Agreement. POLICY A. Supplemental Pay& Benefits 1. In accordance with Florida Statute 115, the City Manager is authorized to provide the following to the City of Delray Beach full-time employees who are members of the United States Military Reserve or Florida National Guard who are called to active duty at the Government's request: 2. For the first thirty (30) days of leave, the employee will receive full pay and the employee is entitled to preserve all benefits. This time will be counted as continuous service. After the initial thirty (30) days, the City shall supplement the military as outlined below and in accordance with Florida Statute115.14. 3. Supplemental pay after the first 30 days of military leave will be provided to employees called to active duty to bring his/her salary, when combined with military pay, to the level earned at the time of call-up to active duty. 4. An employee called to active duty may wish to retain coverage under the City's health insurance program for the purpose of providing continued coverage to themselves and dependents. In these instances, the City will continue to pay the employer's share of the coverage benefit while the employee is on paid leave. The employee will be responsible to pay the employee share. Arrangements should be made with Employee Benefits to make monthly premium payments before the leave begins. Failure to pay these premiums may result in termination of coverage during the period of time the employee is on Military Leave. 5. As an alternative, if the employee elects not to continue with the City's health care coverage they may elect coverage under the military insurance program (Tricare). B. Implementation of Supplemental Pay Military Leave Supplemental Pay and Benefits PER-21 Rev. 1 Page 2 of 3 1. Supplemental pay and benefits, as outlined above, will begin the moment the employee leaves for Active Military duty which is contingent upon the employee submitting a copy of the military orders activating them to their appointing authorities. Upon receipt of the military orders, activated military reservist and guardsman are placed on leave of absence. Employees who are activated shall receive base salary minus their compensation received from the military. Upon receipt of copies of your military pay stubs, any additional compensation will be paid to you, it is preferable that we receive your most current military pay stubs(Leave and Earnings Statement) prior to your activation. We will be unable to process request for payments without this pay stub. If there is any change in your military status (i.e., Promotion)please provide the current pay stub as soon as possible indicating the new base pay. These should be sent Human Resources Department 100 W 1st Ave Delray Beach, FL 33444 The calculation of the supplement is based on the difference between your base military pay, and your net City pay. (Example: Net City Pay$2800, Base Military Pay $2000, Employee due $800 Supplemental Pay from City minus appropriate taxes). 2. In those situations where an employee cannot provide written notice, an authorized representative may do so. However, it is the responsibility of the employee's Department Head to verify that the employee has actually been activated before leave is granted. Written verification will be required before any leave of absence is processed. 3. The Department Head will forward all copies of military orders to the Human Resources Department and the Payroll Department. 4. Employees on authorized military leave will continue to receive benefits as outlined above. The time-span of receiving benefits is contingent upon duration of uniformed service (See Section C Reemployment procedures). 5. During the period of time an employee is on paid military leave of absence (which could be up to five (5) years), the employee will continue to receive any general salary increments or collective bargaining increases. C. Reemployment Procedures 1. An employee's reinstatement from militarydutyis strictlybased on the duration of uniformed service as prescribed by the Uniformed Services Employment and Reemployment Rights Act (USERRA) a. For periods of military service up to 30 days, an employee must report back to work at the next regularly scheduled shift on the day following release from the military, safe travel home, and eight (8) hours rest. b. Following a period of service of 31-180 days employees must apply for reemployment within 14 days after release. J Military Leave Supplemental Pay and Benefits PER-21 Rev. 1 Page 3 of 3 c. Following a period of 181 days or more, an employee must reapply for reemployment within ninety (90) days after release. D. Termination of Supplemental Pay and Benefits 1. Proof of separation from military payroll includes one of the following forms supplied by the military: DD 214, endorsed orders, or a letter from the employee's military unit. This documentation shall be submitted to the employee's Department Head, Payroll, and Human Resources within one of the applicable durations of uniformed service outlined above in Section C., whichever apples to the employee, in order to cease supplemental pay. 2. The length of time a City of Delray Beach employee performs uniformed service determines the duration of supplemental pay to each employee relieved of military pay. 3. Depending on when the employee submits notice of return from active duty per the duration of uniformed service outlined above, the notice will be sent by the employees Department Head to the Payroll and Human Resources Departments to cease those benefits provided herein. 4. If an employee separated from military payroll is paid for a period more than the uniformed service timeline, the employee will be responsible to repay the City of Delray Beach any monies paid via payroll deduction upon re-employment. 5. Should an employee choose not to return to employment with the City of Delray Beach after returning from Active Duty, and if they received supplemental pay beyond the allotted uniformed service timeline, then any amount overpaid by the City will be deducted from sick and /or vacation balances before any payout of balances to the employee is made. E. Notifications: All City employees who are leaving on active military duty should be provided a copy of this policy and agree to abide by the terms set forth in this policy. An employee can find the complete text of the Uniformed Services Employment and Reemployment Rights Act (USERRA) at www.esgr.com, the website of the National Committee for Employer Support of the Guard and Reserve (ESGR). An employee may also reach ESGR at 1-800-336-4590. USERRA is codified in Title 38, United States Code, Sections 4301 through 4333 (38 U.S.0 4301- 4333).