HomeMy WebLinkAboutCC Resolution 12513 (Military Leave Benefits)RESOLUTION NO. 12513
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 Califomia
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.); and
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; and
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 July 1, 2008, 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.
(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 toward 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).
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(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, ESTHER C. BEIRNE, 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 Council of said City held on Monday, the 16th day of June,
2008, by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER BEIRNE, CITY CLERK