§ 82-511. Armed forces active duty

(a) Every regular, full-time employee of the county who is a member of a reserve unit of the armed forces called to active duty, is entitled to the following additional benefits:

(1) If the employee will be absent for 30 days or less, the employee's insurance cost for employee and/or dependent coverage cannot exceed the amount paid prior to the scheduled leave;

(2) If the employee will be absent for 31 or more days, the employee may elect to:

a. Use all accrued vacation and compensatory time to remain on the payroll until such leave is exhausted. Only non-exempt employees are eligible to utilize accrued compensatory time.

b. Use a pre-determined amount of accrued vacation leave and compensatory time to fund their health insurance premiums and/or bridge the gap between their military and county salary. Only non-exempt employees are eligible to utilize accrued compensatory time.

c. Maintain health insurance coverage for their dependents through COBRA at active employees rates up to 24 months after the absence begins or for the period of service, if less.

(b) In addition:

(1) Active duty time will count as time in grade and position as though there was no break in service for eligibility for step increases or merit increases.

(2) Vacation and sick leave will not accrue during the employee's absence; however, upon the employee's return, vacation and sick leave, which are based on length of employment with the county, will be calculated for future accruals as though the employee had not been on military leave.

(3) Employee may apply for retirement credit for the time spent on active duty, provided the employee is eligible for re-employment rights and he/she returns to work within the prescribed time limits.

(4) No waiting period or pre-existing clause if coverage would have been provided had the employee not been on military leave. Exception: may exclude any illness incurred in or aggravated during performance of military services.

(5) Employees should carefully review their summary plan documents for health, life, and all disability coverage for all exclusions based on the act of war clauses.

(Ord. No. 2011-1463, 8-30-2011)