Jurisdiction Person Responding Response Dave’s Question to the Employee Relations List Serve: After the events of September 11, 2001, the City of Berkeley began experiencing a call up of our employees to active Military Duty in response to this catastrophic event. As time has moved forward, the nation as embarked on other military missions which have resulted in the deployment of troops overseas for an extended period. After September 11, 2001, the City of Berkeley conducted a survey of other jurisdictions to determine if they were offering additional Military Leave supplementary benefits above those required by the California Military and Veteran's Code and the Federal Uniformed Services Employment and Reemployment Rights Act of 1994. As a result of the information we received and because of the need to help our employees deal with the financial hardship of a long active duty deployment, the Berkeley City Council approved a Supplemental Military Leave Compensation Policy that has been modified and extended several times. Basically, the policy provides that if you have been a career employee for at least one year the City will supplement your military pay and allowances for one year up to pre-military leave net pay. We also provide some assistance for employees who have been in the career service for less than one year. I am attaching the most recent Council agenda item on Supplemental Military Leave Compensation for your information. Anyway...............the reason I am sending this e-mail to the list serve is to find out if anyone has encountered the following scenario and how your organization has handled it. The facts are these: We have an employee who was called up to active military service on February 1, 2003 for one year and went to Iraq. The employee returned after the one-year deployment on February 1, 2004. The City of Berkeley provided the Supplemental Military Leave Compensation as described above and set forth in my attachment. The same employee received orders to report for active duty on or about June 2, 2004 for another one-year deployment to Iraq. Right now, we are taking the position that the employee is not entitled to any additional Supplemental Military Leave Compensation and is only entitled to the 30 day per fiscal year compensation as set forth in the California Military and Veteran's Code. The employee in question is displeased. So.......please let me know if your organization has updated your supplemental military leave policy and if you have encountered this type of fact pattern and how you have dealt with it. Sorry to be so long but I needed to provide some background for the question. I will post the results of the survey to the List Serve Modesto Janice Stewart Modesto has encountered this with at least three employees. After our original Council policy adopting Asst Personnel Director additional pay and benefits for one year, we extended it to 24 months. (209) 577-5466 Jurisdiction Person Responding Response Walnut Creek Wendy McKeever Lack Yes, we have encountered serial one-year call-ups of our people, in one case following a six month Human Resources Manager return to City duty (i.e., gone on active military duty a year, back to work for six months, now gone on City of Walnut Creek another year's active military duty leave). We have approved additional leave, as it is a new deployment P.O. Box 8039 to active duty rather than an extension of the first. 1666 N. Main Street Walnut Creek, CA 94596 We treat our unpaid military leaves of absence consistent with our LOA policy, which limits such leaves Phone: 925-943-5814 to one continuous year. (We deal with the military differential stipend we provide as a "benefit FAX: 925-256-3595 payment", not salary, as it is paid during unpaid LOA status, in a similar manner to an LTD benefit payment.) In the event we encounter a military leave of absence that is extended to exceed one continuous year, my sense is that we would very likely modify our policy for military cases. To do otherwise would be political death and I just don't think our City would, ultimately, take such a position (policy is "theoretical" until it actually has a name and a face attached to it -- including spouses and children of military personnel -- as we all well know). For now, we have approved leave and extended stipend payments to those who are repeatedly deployed. After dedicating a $1.2 million Veteran's Memorial earlier this year, what else would you expect this City Council do? We very much have family atmosphere in our PD, and regularly keep in touch with our staff on military leave and their families. This organizational culture influences our generous policies in situations such as these. This war has been a hardship for our Police Department, but they have accommodated it. Really valuable personnel have been deployed -- Officers and Sergeants -- but the City has been fully supportive of the staff and their families and the department limps along. Goodwill with the staff trumps dollars, in our view. I'm not at all surprised your employee is "displeased" -- and would be surprised if this didn't bubble up into something really ugly for your agency. I'm curious to know the results of your little survey..... A copy of our stipend policy is attached....I don't think it references the "one year" continuous LOA limit...our Personnel Rules define unpaid leaves of absence. Jurisdiction Person Responding Response Chino Debbie Bell The City of Chino adopted a supplemental wage and benefit package in light of the events of September Personnel/Loss Control 11th. To date, two City employees have reported to duty. One returned to work after six months. The Manager other spent one year at Camp Pendleton, and about three weeks before the end of his one year duty City of Chino period, he received an order to remain on active duty for one additional year and serve in Iraq. Based on 909-464-8370 our policy, the City Council has discretion over wage continuation beyond the one year period. In this case, the Council voted to approve one additional year of supplemental pay. Our policy is as follows: Supplemental Wage and Benefit Plan. Regular full-time employees summoned to active duty by the President of the United States in time of war, armed conflict, United Nations’ Resolution, or imminent danger, will be eligible to receive wage continuation beyond the first thirty (30) calendar days in a fiscal year. An employee who has received wage continuation for the first thirty (30) calendar days in a fiscal year shall be eligible to receive the difference between his/her military pay (military pay which includes wages, salary, specialty assignment, housing subsidy or any other form of compensation) and his/her base salary with the City to insure wage continuation for the period of military reservist service up to 365 calendar days. Said payment shall not extend beyond 365 calendar days unless expressly approved by City Council. The City shall also continue to contribute towards medical, dental, and vision benefits for the employee and his/her dependents (providing the employee and his/her dependents were covered under the City’s medical, dental, and vision plan prior to the employee being called to active duty) an amount equal to that contained in the employee’s Memorandum of Understanding or by resolution in effect for the period of military reservist service up to 365 calendar days. The medical, dental, and vision plan(s) provided to the employee and his/her dependents by the military shall be the primary payer of all incurred medical, dental and vision costs. For purposes of this section, base salary shall exclude acting duty, additional duty, overtime, uniform maintenance, uniform cleaning, uniform clothing allowance, and tool allowance. It shall include additional pay the employee was earning at the time of call to duty, such as: bilingual, motorcycle, educational incentive, P.O.S.T. certificate and tool allowance. Jurisdiction Person Responding Response Tustin Arlene Marks Gibbs, SPHR We have a very similar situation and our resolution providing supplemental benefits (not salary, just Director of Human insurance benefits) for those called to active duty sunset on June 30. We have only one employee that it Resources affects and that employee is also not happy. However, our council was clear that the employee not City of Tustin benefit in a manner greater than when working and the one employee that is affected earns a greater 300 Centennial Way salary while on active duty than when working. So...there is no compelling reason for our City to extend Tustin, CA 92780 the provisions of the resolution and will now just follow the State and Federal requirements. Let me 714 573-3040 Voice know if you need more information. 714 669-4359 Fax email@example.com Placerville Susan C. Zito, CMC The City of Placerville also instituted a Supplemental Military Leave Compensation Policy when one of City Clerk/Human our employees was called to active duty as an Air Force Reserve Operations Specialist. After his first Resource Officer tour of duty in Iraq, that lasted for a year, he was just re-called to active duty early last month and City of Placerville, CA because he is in special security in hostage negotiations, we're not even sure where he currently is. On firstname.lastname@example.org this second call-up, he was sent to Germany, the base of operations for hostage negotiations in Iraq, but then we've heard he may be deployed to Greece for the Olympics. So although the original call up was for the war in Iraq, the military is being called upon more and more to serve as "world security" in other arenas. In answer to your question, we continue to supplement his pay on this second call-up, just as we did during his first tour of duty. Because of our support during his first call-up, the Air Force Reserve Association awarded the City a commendation, and as a valued employee, we want to support him and his family, regardless of how many times he is called up. As a small city of 80 employees, this individual is a Police Commander, and his absence puts a huge strain on the department, but everyone is willing to help out. After his first tour of duty that lasted a year, this individual would rather be home in Placerville with his wife and children, then serving repeated missions overseas. But must go when called. Those cities, such as Berkeley and Placerville, that instituted these policies with the thought that it would be only for a war in Iraq, that was thought to be brief, find that it has turned into a much larger issue. We will continue, as long as we are financially able, to support our employees while they are being called to serve in multiple tours of duty. Good luck with your survey. Jurisdiction Person Responding Response Monterey Park Bob Blackwood We also adopted a policy that supplements the employee's military pay for up to one year. At the time City of Monterey Park the City Council approved that policy, they made it clear that they would modify the policy should an employee be required to serve longer than a year. While we have not encountered such a situation yet, there is a possibility that we will in the near future. If we do, I will be requesting that the Council amend the policy and provide for an additional year. That leaves the question for us, what would we do if an employee is called up for a third year. I'm not sure. Santa Maria Alicia Lara Our benefit beyond what is required by the California Military and Veteran's Code and the Federal Human Resources Manager Uniformed Services Employment and Reemployment Rights Act of 1994, was to 180 days. We City of Santa Maria extended it three separate times after Sept 11th. The last time was in February 2003, and it expired 110 E. Cook St., Rm. 1 August 2003. Santa Maria, Ca 93454 ph: 805.925.0951 ext. 395 fax: 805.349.0657 Gilroy LeeAnn McPhillips Hi David - we have a similar program here in Gilroy where we have supplemented the military pay. We Human Resources have one Police Officer out for an extended period of time and his orders were renewed after a short Director/Risk Manager time back in Gilroy. We continued to pay him the supplemental pay beyond a one year time frame as City of Gilroy our Council extended the program for a second year. He is our only employee that qualified for this 7351 Rosanna Street program. Gilroy, CA 95020 (408) 846-0228 Let me know if any questions. (408)846-0200 (fax) Jurisdiction Person Responding Response Milpitas Cherie Rosenquist Dear David, City of Milpitas Our City Council allows up to 18 months leave with similar benefits with the proviso that if any employee exceeds that time, we are to bring it back to Council for consideration. It is the Council's intent to be patriotic. I would advise taking it back to them for review. Fairfield Sandy Hess Hi David, Human Resources Analyst City of Fairfield I was forwarded your question regarding supplemental pay for employees recalled to active military 1000 Webster St. duty. Like Berkeley, the City of Fairfield adopted a 12-month supplemental pay and benefits military Fairfield, CA 94533 leave policy shortly after Sept. 11, 2001. We have had many reservists recalled since that time, (707) 428-7383 including one who did surpass the 12-month period earlier this year. At the time it was apparent he would pass the 12-month period, the City adopted an extension (attached) to the original resolution that extends supplemental pay and benefits for a total of 24 months. While this employee was on one long continuous recall, the intent of the resolution is to provide a total of 24 months, per reservist employee, whether it is used all at once or in increments. There is also language within the resolution that allows for it to be reviewed again after 12 months to determine if there is a need for further extension. This does only apply to reservist employees recalled to active duty in response to the events of Sept. 11, 2001. I hope this helps- feel free to contact me if you have any other questions. Sacramento Dee Contreras The City of Sacramento has had similar experiences and we have expanded the supplemental pay to Director of Labor Relations cover additional call-ups and for more than 1 year. We renew it annually so have kept it current....Dee City of Sacramento (916) 808-5424 (916) 808-8110 fax e-mail dcontreras @cityofsacramento.org Jurisdiction Person Responding Response Simi Valley Maggie Williams-Dalgart David, City of Simi Valley Human Resources The City of Simi Valley has been scrutinizing its Military Leave policy for the last three years also. We (805) 583-6887 have had an employee who has returned from leave and been re-deployed. He has since returned again, but we're now being told he's being re-deployed again. However, we don't really have a struggle with the issue of whether the employee receives continued benefits or salary on the re-deployments. The City of Simi Valley has an incredibly generous benefit that indicates we'll continue the supplemental compensation for the duration of their military leave, which it seems can almost be indefinite. We've been directed to continue supplemental compensation while he is out on military leave. Not sure any of this information is helpful given our generous policy, but we have had to really examine every aspect of the policy lately. Good luck. Pasadena Karyn Ezell Hi. We haven't had exactly the same situation, however, on the recommendation of our police chief, Director of Human who is also a coast guard reservist, our Council approved supplemental pay for up to a maximum of 2 Resources years. Since this was consistent with the executive order regarding the activation of reservists, Council City of Pasadena went for it. We have about 12 people who are reservists; I think 4 have been called up so far (including our police chief), but none for longer than a year so far. Hayward Joanne Baldinelli The City of Hayward has adopted a resolution with states that the City will supplement the employees City of Hayward pay while on military leave for “ a period of up to two years for each activation”. So far we have had (510) 583-4536 two employees who have been called up twice, each time for one year. In both cases, the City continued to supplement their military pay during the entire time they were on active military duty. Jurisdiction Person Responding Response Fremont Sylvia Delaney Hi Dave, City of Fremont We had a similar situation. Our policy at this time is to allow six months of supplemental pay and benefits with an extension of up to another six months with City Manager approval. After that, the employee starts to burn leave or is granted a leave without pay. We do factor in the 30 days required by State law every 30 days in the fiscal year while they are gone. Our Resolution is written very broadly and would allow the City Manager to more if she/he deems necessary, but the above is the what we have done to date.
Pages to are hidden for
"Jurisdiction - League of California Cities"Please download to view full document