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19910312 1991-6ORDINANCE NO. 1991-6 AN ORDINANCE AMENDING SECTION 17-12(f)(1), ARTICLE I, CHAPTER 17 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, CONCERNING MILITARY LEAVE DIFFERENTIAL COMPENSATION. BE IT ORDAINED by the city Council of the City of Fairfax, Virginia, that Section 17-12(f)(1), Article I, Chapter 17 of the Code of the City of Fairfax is hereby amended to read in its entirety as follows: Section 17-12. Holidays and Leave. (f) Military and civil leave (1) Employees who are members of the organized reserve forces of any of the armed services of the United States, national guard or naval militia shall be entitled to leaves of absence from their respective duties, without loss of seniority, accrued leave or efficiency rating, on all days during which they are engaged in federally funded military training duty, or when called forth by the governor pursuant to state law. There shall be no loss of pay during such leaves of absence, except that paid leaves of absence for federally funded military training duty shall not exceed fifteen (15) workdays per federal fiscal year. When relieved from such duty, such employees shall be restored to positions held by them when ordered to duty. In accordance with federal law, 38 U.S.C. Section 2021, et seq., any career service employee with permanent status who joins or is drafted into active service in the military forces of the United States shall be placed on military leave, without pay except as otherwise provided herein, and shall be entitled to be restored to the same position vacated, provided application is made to the~ ~ ~ personnel officer within ninety (90) days after an honorable discharge, and further provided that such employee is still qualified to perform the duties of the position. City employees who are ordered into active military service from a reserve unit, reserve status or inactive status during the period beginning on December 8, 1990, through December 31, 1991, shall be entitled to receive a differential compensation allowance for such active military service. This allowance shall consist of the difference between the employee's gross civilian pay and gross military pay (less applicable taxes and employee's deductions) and shall continue until the date when employee is released from active military service or until December 31, 1991, whichever is earlier. BE IT FURTHER ORDAINED that the remaining subsections of the section hereby amended shall continue to read as previously enacted. This ordinance shall become effective as provided by law. INTRODUCED: February 26, 1991 PUBLIC HEARING: March 12, 1991 ADOPTED: March 12, 1991 ATTEST: City ~Cle~k