Common use of MILITARY LEAVE OF ABSENCE WITHOUT PAY Clause in Contracts

MILITARY LEAVE OF ABSENCE WITHOUT PAY. All employees who leave a position for the purpose of being inducted into, enlisting in, determining his physical fitness to enter, or performing training duty in the armed forces of the United States or the National Guard, shall when ordered by proper authority to active service, be entitled to a leave of absence from such civil employment for the period of such service, plus ninety (90) days, without loss of pay during the first fifteen (15) days of such leave of absence; provided, such pay for the first fifteen (15) days shall not be construed as being in addition to the pay provided for in Section 6 hereof. The proper authority may make a provisional appointment to fill any vacancy created by such leave of absence. When such person is separated from active duty under conditions other than dishonorable, he shall be entitled to return to his former position or a position of like seniority, status, and the then prevailing pay. If he is not qualified to perform the duties of such position upon his return by reason of disability sustained during the service but is qualified to perform the duties of any other position in the CITY service, he shall be restored to such other position, the duties of which he is qualified to perform, as will provide him with the same seniority, status, and pay, or the nearest proximation thereof consistent with the circumstances in his case. Application for re-employment shall be made within ninety (90) days after he is discharged from active duty. Such person shall not be discharged from his former or new position without justifiable cause within one (1) year after reinstatement.