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20011127 2001-20ORDINANCE NO. 2001- 20 AN ORDINANCE AMENDING SECTION 66-13(f)(1), ARTICLE I, CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO MILITARY LEAVE TAKEN BY CITY EMPLOYEES. BE IT ORDAINED, by the City Council of the City of Fairfax that, Section 66-13(0(1), Article I, Chapter 66 of the Code of the City of Fairfax, Virginia, is hereby amended to read in its entirety as follows: Sec. 66-13(0 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 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 USC Section 2021 et. seq., any career service employee with permanent status who joins or is &ailed 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 90 days after an honorable discharge, and further provided that such employee is still qualified to perform the duties of the position. Employees who are activated in the case of a war or other national or state emergency declared by the President, Congress or the Governor will be paid a military pay differential Which will be the difference between the gross pay such employee would have earned during such period as a City employee, provided that such pay would have been greater in amount than the gross military pay, and the gross military pay actually earned, beginning on the first day of activation up to a maximum period of one year thereafter. This ordinance shall become effective as provided by law. INTRODUCED: November 13, 2001 PUBLIC HEARING: November 27, 2001 ENACTED: November 27, 2001 The ordinance was adopted by a vote of 5-0 Councilman Coughlan Councilman Greenfield Councilman Lederer Councilman Petersen Councilman Rasmussen Councilman Silverthome as follows: Vote Aye Absent Aye Aye Aye Aye Mayor Date ATTEST: