20040511 2004-09ORDINANCE NO. 2004- 9
AN ORDiNANCE AMENDiNG SECTION 66-13(0(1),
ARTICLE I, CHAPTER 66 OF THE CODE OF THE CITY
OF FAIRFAX, VIRGINIA, PERTAINING TO MILITARY
AND CIVIL LEAVE.
BE IT ORDAINED, by the City Council of the City of Fairfax, that Section 66-
13(f)(1), Article I, Chapter 66 of the Code of the City of Fairfax, Virginia, is hereby
amended to read in its entirety as follows:
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 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 § 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 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 two (2) years thereafter.
BE IT FURTHER ORDAINED that this ordinance shall become effective upon
adoption as provided by law.
INTRODUCED: April 27, 2004
PUBLIC HEARING: May 11, 2004
ENACTED: May 11, 2004
VOTE:
J. Cross Aye
J. Greenfield Aye
G. Lyon Aye
G. Rasmussen Absent
S. Silverthome Aye
P.Winter Aye
MAYOR
ATTEST:
City Clerk