City of East Orange, NJ Article XI Military Leave

[Amended 10-15-2002 by Ord. No. 16-2002; 8-16-2004 by Ord. No. 21-2004]

§ 60-66 Reserve training.

A. Pursuant to N.J.S.A. 38:23-1, any permanent or full-time temporary officer or employee who is a member of the organized reserve of the Army of the United States, United States Naval Reserve, United States Air Force Reserve or United States Marine Corps Reserve, or other organization affiliated therewith, including the National Guard of other states, upon request of the employee to his/her department head, shall be entitled to paid leave, in addition to vacation pay, which shall be granted to any employee as a member of a reserve component of the armed forces of the United States, to take a leave of absence from his or her respective duty without loss of pay or time on all workdays on which he or she shall be engaged in any period of federal active duty; provided, however, that such leaves of absence shall not exceed 30 workdays per year. Any leave of absence for such duty in excess of 30 workdays shall be without pay but without loss of time. The amount of paid leave shall be the employee's regular pay, without regard to any compensation received from the state or the United States Government for field training service.

B. Notwithstanding Subsection A of this section, a full-time temporary officer or employee who has served under such temporary appointment for less than one year shall receive for the service hereinbefore described leave without pay but without loss of time.

§ 60-67 Active service.

A. Any permanent or full-time temporary officer or employee of the City called into active military service or volunteering for military service in time of war or national emergency shall, upon request of the employee to his/her department head, be placed on an indefinite leave of absence from his or her respective duties without loss of pay, privileges, status or time on all days during which he or she shall be engaged in any period of state or federal active duty; provided, however, that the leaves of absence for federal active duty or active duty for training shall not exceed 90 workdays in the aggregate in any calendar year, and 60 days after discharge therefrom shall be entitled to be reinstated if honorably discharged. Any leave of absence for such duty in excess of 90 workdays shall be without pay but without loss of time.

B. Global war on terrorism, armed conflict, etc.

(1) Notwithstanding Subsection A, any permanent or full-time temporary officer or employee of the City called into active military service in response to the continuing global war on terrorism, armed conflict with Iraq and heightened tensions with North Korea shall be entitled, upon termination of such employee's active duty, to return to City employment with full seniority and benefits consistent with City, state and federal military reemployment and seniority rights.

(2) During active duty for the duration of their activation for this crisis, these City employees, following the exhaustion of statutory entitlement to full pay as described in Subsection A of this section, shall be entitled to receive salary equal to the differential between the employee's City salary and the employee's military base pay.

(3) These City employees shall be entitled to City employee health benefits, life insurance and pension coverage during active duty service for which they receive differential salary as described in Subsection B(2) as if they were on paid leave of absence.

(4) If a City employee's military base pay is greater than his/her City salary, such that he/she would not receive differential pay under Subsection B(2) of this section, that City employee shall, nonetheless, be entitled to City employee health benefits, life insurance and pension coverage during active duty service, with the City's contributory portion of those benefits and programs to be paid by the employee upon his/her return to City employment after completion of his/her active duty.

(5) This subsection shall take effect immediately and shall apply retroactively to all City employees who were placed on federal or state active duty on or after September 11, 2001.

C. Leave of absence for such military duty shall be in addition to the regular vacation or other accrued leave allowed such officers and employees.

D. Notwithstanding Subsection A of this section, a full-time temporary officer or employee who has served under such temporary appointment for less than one year shall, as described in that subsection, be entitled to receive leave without pay but without loss of time.

§ 60-67.1 Reimbursement.

A. Prior to taking said leave and in order to receive a paid leave, any employee who is granted military leave under the provisions of this section must provide the Department of Personnel with the name of branch of the military which he/she will be engaged in active military service or active duty for training; rank in the military; the location where stationed and the date(s) of service (if known); and shall notify his/her department head as well as the Department of Personnel within five days of his/her discharge from service.

B. The Department of Personnel shall submit the employee's military information to the Department of Finance. The Department of Finance shall make application for reimbursement to the State Treasurer and approval of the application by the Director of the Division of Budget and Accounting; reimbursement shall be made by the state for any costs incurred as a result of the provisions of P.L. 2001, c. 351.[1]

[1] Editor's Note: See N.J.S.A. 38A:1-1 et seq.