Common use of Employment Severance Clause in Contracts

Employment Severance. A. An employee who leaves the City for military service and returns from such military service within six (6) years of the date on which they entered the service, or should the emergency exceed five (5) years, after the emergency has ended and the employee is discharged, they shall be reinstated to the position held, or one of like responsibility, at the time the employee left for military service, provided application is made to the Civil Service Board within ninety (90) days after release from active duty or from hospitalization continuing after separation for not more than one (1) year. B. If the employee is not qualified to perform the duties of such position by reason of disability sustained during such service, they shall be placed in such other position, the duties of which they are qualified to perform, as would provide the employee like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances of their case. C. When an employee is entitled to be restored to a position in accordance with this Section, and the Civil Service Board finds that it is not feasible for the employee to be restored to such position, the Civil Service Board shall determine whether or not, in any other Department or agency of the City of Dayton, there is a position for which such person is qualified and which is either vacant or held by an employee having a temporary appointment. In any case, when the Civil Service Board determines that there is such a position, such person shall be restored to that position.

Employment Severance. A. An employee who leaves the City of Dayton for military service and returns from such military service within six (6) years of the date on which they entered the service, or should the emergency exceed five (5) years, after the emergency has ended and the employee is discharged, they shall be reinstated to the position held, or one of like responsibility, at the time the employee left makes application for military service, provided application is made to the Civil Service Board re-employment within ninety (90) days after release he/she is released from active military duty or from hospitalization continuing after separation discharge for a period of not more than one (1) year, and is physically qualified to perform the duties of such position, shall be restored to such position if it exists and is not held by a person with greater seniority or to a position of like seniority, status and pay. B. If the employee he/she is not qualified to perform the duties of such position by reason of disability sustained during such service, they he/she shall be placed in such other position, the duties of which they are he/she is qualified to perform, as would provide the employee him/her like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances of their his/her case. C. When an employee is entitled to be restored to a position in accordance with this Section, and the Civil Service Board finds that it is not feasible for the employee to be restored to such positionthe Police Department, the Civil Service Board shall determine whether or not, in any other Department or agency of the City of Dayton, there is a position for which such person is qualified and which is either vacant or held by an employee having a temporary appointment. In any case, when the Civil Service Board determines that there is such a position, such person shall be restored to that position.