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(a) Reserve training. IC 10-5-8-1, 10-5-8-2, and 36-8-5-8 require that Indiana National Guard, Defense Corps, Naval Militia, and all U.S. Armed Forces reserve component members be authorized up to fifteen (15) working days leave with pay per calendar year for training purposes.

(b) The Town of St. John complies with the "Uniformed Services Employment and Reemployment Rights Act (USERRA)." Any employee who is a member of any active or reserve component of the Armed Services, Coast Guard, Public Health Service, Civil Defense or is drafted in the Merchant Marine Services, or the Indiana National Guard, shall be allowed military leave from employment with Town of St. John for any period actively spent in military service including basic training and special or advanced training, whether or not within the State of Indiana, and whether or not voluntary. Such leave shall be granted for a cumulative period of service of no longer than five (5) years, except as otherwise required by law.

(c) Employees on approved military leave may use accrued vacation, personal, or compensatory time during their military leave, but are not required to do so. Employees on approved military leave will be provided the opportunity to continue in the Town of St. John's group health and dental plans, continue participation in any applicable pension plans (special rules apply), and shall receive holiday pay and any other benefits as may be entitled by law. Employees who will be gone thirty-one (31) days or less shall be required to pay only their regular share of the group health insurance premium. Employees who will be gone more than thirty-one (31) days may continue health care coverage for themselves and their dependents for up to twenty-four (24) months from the date their military leave begins. However, such continuation shall be at the sole expense of the employee. If the employee does not choose to continue the Town of St. John's group health insurance during the leave, he shall be permitted immediate reinstatement into the group health plan when the employee returns from military service. Military leave shall be granted without loss of seniority or other previously accrued benefits, and in accordance with the Indiana Public Employee Armed Services Rights Act, the federal Uniformed Services Employment and Reemployment Rights Act, and all other applicable federal and state laws.

(d) Whenever possible, employees must provide advanced notice (preferably written) of their departure for military service to the Town Manager. This notice may also be provided by an appropriate officer of the branch of the military in which the employee will be serving. The employee need not give notice, however, if he is prevented by military necessity, or if it is otherwise unreasonable or impossible to do so.

(1) Special military leave benefits for training obligations. Employees who are members of the reserves (including the National Guard) shall be granted leave for any period actively spent in military service, including: (a) basic training; (b) special or advanced training, whether or not within the state, and whether or not voluntary; and (c) annual training. For part-time employees, leave for training shall be treated as set forth in the general provisions section above.

For full-time employees in the reserves during leaves for training, the employee's seniority and other benefits shall continue to accrue. In addition, full-time employees shall receive the following once proof of military wages are provided by employee:

a. During leaves for annual training, the employee shall continue to receive his regular compensation.

b. During leaves for basic training and up to sixty (60) days of special or advanced training, if the employee's compensation for military activities is less than his compensation as a Town of St. John employee, he shall receive his or her regular Town of St. John compensation minus the amount of his base pay for military activities.

(2) Special benefits for reservists called to active duty. Employees in the reserves (including the National Guard) who are mobilized to active military duty by presidential order shall receive continuing compensation (minus the amount of the employee's base military pay) for the entire period of active military service; and continuing health insurance and other benefits the employee was receiving or accruing at the time the employee was called to duty.

Such employees, upon being called to active duty, may choose one (1) of the following procedures for payment:

a. The employee may submit and assign military earnings to the Town of St. John. In the case of assignment of military earnings, the Council President shall return the military earnings to the payroll fund from which the employee's payroll check is drawn. Military earnings must be submitted to the Council President at least one (1) week preceding each designated payday. If the employee's compensation for military activities is less than his compensation as a Town of St. John employee, he shall receive his regular compensation as a Town of St. John employee, minus the amount of his base pay for military activities. If the military pay exceeds the employee's regular earnings, the Town of St. John shall return the difference to the employee; or

b. The employee may submit certification of his military earnings (from his commanding officer or department of his military unit) to the Town of St. John. Certification of military earnings must be submitted at least one (1) week prior to the first designated payday, and anytime thereafter that the rate of military pay changes. If the employee's compensation for military activities is less than his compensation as a Town of St. John employee, he shall receive his regular compensation as a Town of St. John employee, minus the amount of his base pay for military activities.

(3) Return to work. Employees returning to work following military service shall notify the Town of St. John of their intent to return. Employees who have been engaged in military duty and wish to return to work must apply for reinstatement for employment with the Town of St. John within ninety (90) days following completion of service. If, due to no fault of the employee, timely reporting back to work would be impossible or unreasonable, the employee must report back to work as soon as possible unless otherwise provided for by law. Failure to comply with the above stated time periods for reinstatement may be grounds for the denial of reinstatement and/or discipline, including termination.

*Note: Military leave laws are continually changing. The Town of St. John is committed to comply with the law. To the extent that the law provides greater benefits, those laws will be applicable. Employees should consult with Human Resources if they have any questions.

(Ord. No. 1696, § 2, 12-12-19)