Common use of Military Leaves in Excess of Twenty Clause in Contracts

Military Leaves in Excess of Twenty. Two (22) Days for Forty (40) Hour Employees. An employee working a forty (40) hour workweek who is entitled to military leave as provided in Section 26.1, and who is called to military duty for a period in excess of twenty-two (22) days in any one (1) calendar year, for each calendar year in which military duty is performed, because of an executive order signed by the President of the United States or an act of Congress, is entitled to additional paid leave during the period designated in the order or act. Such employee shall be paid his regular salary for the period of time so served less one day’s military base pay for each day he otherwise would have been scheduled to work for the City while on military leave with pay. A forty (40) hour employee who takes two (2) weeks’ military leave with pay will be away from his job Monday through Friday, both weeks, for a total of ten (10) Fire workdays. In that situation, he is paid by the military for fifteen (15) or more days. The offset from his regular salary will be determined by multiplying the daily rate of base pay by ten (10) in recognition of the ten (10) workdays missed and subtracting that sum from the regular two (2) weeks of fire pay. Weekend duty will not affect the forty (40) hour employee. This offset provision does not apply to paid leaves of twenty-two (22) days or less as provided in Section 26.1.

Military Leaves in Excess of Twenty. Two (22) Days for Forty (40) Hour Employees. An employee working a forty (40) hour workweek who is entitled to military leave as provided in Section 26.1, and who is called to military duty for a period in excess of twenty-two (22) days in any one (1) calendar year, for each calendar year in which military duty is performed, because of an executive order signed by the President of the United States or an act of Congress, is entitled to additional paid leave during the period designated in the order or act. Such employee shall be paid his his/her regular salary for the period of time so served less one day’s military base pay for each day he he/she otherwise would have been scheduled to work for the City while on military leave with pay. A forty (40) hour employee who takes two (2) weeks’ military leave with pay will be away from his his/her job Monday through Friday, both weeks, for a total of ten (10) Fire workdays. In that situation, he the employee is paid by the military for fifteen (15) or more days. The offset from his his/her regular salary will be determined by multiplying the daily rate of base pay by ten (10) in recognition of the ten (10) workdays missed and subtracting that sum from the regular two (2) weeks of fire pay. Weekend duty will not affect the forty (40) hour employee. This offset provision does not apply to paid leaves of twenty-two (22) days or less as provided in Section 26.1.