21.A - Military Leave With Pay
Any employee who shall be a member of the national guard, the naval militia, or any other component of the militia of the state, or who is a member of the officers' reserve corps, the enlisted reserve corps, the naval reserve, the marine corps reserve, or any other reserve component of the military or the naval forces of the United States, shall be granted leave of absence with pay for all the time the employee is engaged in such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for State or Federal purposes, but not exceeding a total of fifteen days in any calendar year. Leave shall be allowed only if the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established.
Such leave shall not be allowed unless the employee:
- applies to the employee's appointing officer and to the Human Resources Director at least five working days prior to such leave, unless the employee has not received sufficient notice because of an emergency situation; or
- returns to the employee's public position immediately on being relieved from such service and not later than the expiration of the term herein limited for such leave; or
- is prevented from so returning by physical or mental disability or other cause not due to the employee's own fault; or
- is required by proper authority to continue in such service beyond the time herein limited for such leave.
Any employee who shall be required by proper authority to continue in such service beyond the fifteen days per year for which military leave with pay is allowed, shall be entitled to a leave of absence from their position without pay for all such additional service, with the right to be reinstated thereafter upon the same conditions as hereinafter provided for reinstatement after active service in time of war of other emergency.
Any employee who engages in active service in time of war or other emergency declared by proper authority in any of the military or naval forces of the State or of the United States for which leave is not otherwise allowed by law shall be entitled to a leave of absence without pay during such service, with right of reinstatement as hereinafter provided. This shall not be construed to preclude the allowance of leave with pay for such service to any employee entitled thereto under subsections A and B of this Section.
Any person desiring a military leave of absence shall make a request to the employee's appointing officer and to the Human Resources Director. Persons who are granted military leaves shall report in writing to the Human Resources Director and the appointing officer the branch of service in which they have been accepted.
The provisions of this Section shall not be applicable to any temporary, provisional, or emergency appointees.
Persons honorably discharged or rejected for military service shall, if able to do so, apply for reinstatement in writing filed with the Human Resources Director and appointing officer within fifteen days after said rejection or within ninety days after termination of such service, or within ninety days after discharge from hospitalization or medical treatment which immediately follows the termination of, and results from, such service; provided such application shall be made within one year and ninety days after termination of such service, notwithstanding such hospitalization or medical treatment. Persons applying for such reinstatement shall present proof to the satisfaction of the appointing officer and the Human Resources Director of application and rejection, or of honorable discharge, and, if the case be such, of hospitalization or medical treatment which immediately followed the termination, and resulted from, such service.
No reinstatement of any person securing a military leave shall be made after sixty days of said application and rejection or after one year after discharge from hospitalization or medical treatment which immediately follows the termination of, and results from, such service.
All persons whose names were on any reinstatement register at the time they entered the military service and who have since been honorably discharged from the said service shall, upon application to the Office of Human Resources, be reinstated on the same list with the same rights and the same order of seniority that they possessed at the time of entering said service, subject to the other provision of these Rules as to time of reinstatement and physical fitness. This provision shall not be construed so as to permit the carrying of any names on said register of any person for a longer period, after application and reinstatement on said list is made, than such persons would have been carried on said list if they had not entered the said service.
Any person who secures a military leave from a Classified position and is honorably discharged from the service, or any person who leaves a position to apply for admission to said armed forces and is rejected by the proper authorities of the United States or the State of Minnesota, shall, unless physically incapacitated, be reinstated without loss of seniority in the position held by the employee or in one to which the employee might have been legally transferred prior to the leave.
The appointing officer shall be the judge of the physical fitness of the applicant for reinstatement and may, in the appointing officer's discretion, appoint said employee to a lower grade in the same line of employment if the said employee is not physically fit for their former position but is fit for such lower grade.
All time spent by said persons in the said forces, or awaiting acceptance therein, shall be counted the same as though spent in the service of the City in determining seniority of service and rights to promotion or increase in salary or wages.
All persons appointed to fill vacancies created by the absence of said persons entering or applying for admission to said forces shall hold said positions subject to the right of the aforesaid persons to be reinstated therein; anything in the Civil Service Rules to the contrary notwithstanding.
When more than one position in the same grade and of substantially similar duties has been filled by appointment or promotion while this Section 21.F is in effect, the last person appointed or promoted shall be the first laid off.
All persons promoted from other Classified positions to fill vacancies created by military leaves shall, if necessary be demoted to their former positions; the last promoted shall be the first demoted.
Persons displaced from positions by such demotions shall be placed at the head of reinstatement list for such position, at their option, in the order of their appointment or may accept appointment in some similar or lower grade position for which they are qualified.
Any person removed by the reinstatement of such aforesaid former employee shall be placed at the head of the reinstatement register and be given preference in appointment to any vacancy of the employee's legal grade and title or to any vacancy in any position to which the employee might legally have been transferred at the time of their removal; but such reinstatement privilege shall not extend beyond a one-year period.
All papers required by this Section to be filed with the appointing officer or the Human Resources Director shall be preserved by the Human Resources Director as permanent records.