HomeMy WebLinkAboutCC Resolution 11518 (Military Leave Benefits)RESOLUTION NO. 11518
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO PROVIDE EXTENDED MILITARY LEAVE
BENEFITS TO EMPLOYEES CALLED TO ACTIVE DUTY
WHEREAS, the City of San Rafael ("City") acknowledges its employer obligations for the
granting of military leave to eligible employees pursuant to California law (Military & Veterans
code 389 et seq.) and federal law (Uniformed Services Employment and Reemployment Rights Act
of 1994 (38 U.S.C. 4301 et seq.).
WHEREAS, the City acknowledges that under the Military & Veterans Code 395.03 it
may adopt a resolution to extend benefits beyond what is required in California and federal law.
WHEREAS, the City recognizes the special circumstances surrounding the call up of
military reservists and National Guard members that have and continue to occur; and the potential
impact to San Rafael employees who are subject to calls to active service in the U.S. military
reserves or National Guard for lengthy periods of time.
NOW THEREFORE, the City Council of the City of San Rafael does resolve, declare,
determine and order, that for the three year period this Resolution is in effect, as follows:
(1) Employees who were members of a U.S. military reserve unit or National Guard unit
as of March 1, 2004, will be eligible for extended salary and benefits, if called to
active duty.
(2) The one-year of employment requirement for U.S. military reservists is waived.
(3) These extended salary and benefits shall continue beyond the 30 calendar days
required by law, up to a maximum of 180 calendar days (including the first 30
calendar days of military leave), of the affected employees' active duty time.
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(4) During this extended period the City will continue the employee's regular salary, less
military pay (including base pay and any and all special allotments).
(5) During this extended period the City's contribution towards the employees' enrollment
in the City's group health, dental and/or vision plans, as applicable and based on
enrollment at the time of the military leave (Policy exclusions of the group life and
long term disability insurance would still be applicable).
(6) Continuation of appropriate vacation and sick leave accruals and holidays as
applicable to their position at the time of the military leave.
(7) Continuation in the appropriate retirement system, with service credit accruals
consistent with their position.
(8) Eligibility for reemployment (reinstatement), pursuant to federal and state law, as if the
employee were returning within 30 calendar days of military leave.
I, JEANNE M. LEONCM, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, March 15, 2004, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Vice -Mayor Miller
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEM13ERS: flayor Boro
JEANNE M. LEONCINI, CITY CLERK