BOARD MEETING DATE: August 6, 2004
AGENDA NO. 4

Revise AQMD Policy on Military Leave Pay and Sign Statement of Support for Reservist Employment Rights

SYNOPSIS:

Current policy concerning pay for employees temporarily called to active military duty provides up to 30 days of full pay followed by up to an additional 150 days of the difference between AQMD pay and military pay. As a result of lengthened active duty assignments, it is recommended that the period for receiving the difference between AQMD and military pay be extended to 690 days, for a total supplemental pay period of 720 days. Additionally, it is recommended that AQMD sign of a statement in support of military reservist employment rights provided by the National Committee for Employer Support of the Guard and Reserve. Both of these actions have been recommended by Board Member Antonovich.

COMMITTEE:

Administrative, July 16, 2004. Less than a quorum was present for the discussion of this item; those Committee members who were present communicated their concurrence

RECOMMENDED ACTIONS:

1. Adopt the attached Resolution amending memoranda of understanding and AQMD’s Salary Resolution to extend the supplemental pay period for employees called temporarily to active military duty from a total of 180 to 720 days; and
    
2. Authorize the Chairman to sign, on behalf of the Board, the National Committee for Employer Support of the Guard and Reserve’s statement in support of employment rights of military reservists.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The National Committee for Employer Support of the Guard and Reserve (ESGR) was established in 1972 as an agency within the Office of the Assistant Secretary of Defense for Reserve Affairs to "gain and maintain active support from all public and private employers for the men and women of the National Guard and Reserve as defined by demonstrated employer commitment to employee military service." According to the ESGR, "the nation's ready reserve components comprise approximately 46 percent of the total available military manpower," and, under current national defense policy, reserve forces "will spend more time away from the workplace defending the nation, supporting a demanding operations tempo and training to maintain their mission readiness."

In its effort "to promote both public and private understanding of the National Guard and Reserve in order to gain U.S. employer and community support," the ESGR has asked employers to sign a statement of support, shown here in Attachment A.

Proposal

It is recommended that the supplemental pay provision for employees on temporary active military duty be amended to extend the total number of days covered from 180 to 720. This change will apply to current military leaves, as well as to those that occur in the future but will not be applied retroactively. Additionally, it is recommended that the Board authorize the Chairman to sign an ESGR statement in support of military reservist employment rights.

Resource Impacts

The cost for extending the supplemental pay period will depend on the number of employees affected and the lengths of their temporary military duty.

Attachments

1. ESGR Statement of Support
2. Resolution
3. Memoranda of Understanding and Salary Resolution Amendment
    

ATTACHMENT A

STATEMENT OF SUPPORT
FOR THE GUARD AND RESERVE

    We recognize the National Guard and Reserve as essential to the strength of our nation and the well-being of our communities.

    In the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of need. They deserve the support of every segment of our society.

    If these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security. Their members must have the cooperation of all American employers in encouraging employee participation in Guard and Reserve.

Therefore, we join other employers in pledging that:

1. Employment will not be denied because of service in the Guard or Reserve;
    
2. Employee job and career opportunities will not be limited or reduced because of service in the Guard or Reserve;
    
3. Employees will be granted leaves of absence for military service in the Guard or Reserve, consistent with existing laws, without sacrifice of vacation; and
    
4. This agreement and its resultant policies will be made known throughout our organization.
   
    

ATTACHMENT B

RESOLUTION NO. 04-

                    A Resolution of the South Coast Air Quality Management District (AQMD) Board amending Memoranda of Understanding, Article 23, Section 5, and Salary Resolution, Article 10, Section 45(e) regarding compensation for employees on temporary military leaves of absence.

                    WHEREAS the AQMD Board finds it appropriate to amend Memoranda of Understanding, Article 23, Section 5, and Salary Resolution, Article 10, Section 45(e).

                    THEREFORE, BE IT RESOLVED that the AQMD Board, State of California, in regular session assembled on August 6, 2004, does hereby amend memoranda of understanding, Article 23, Section 5, and AQMD’s Salary Resolution, Article 10, Section 45(e), to extend the provision for supplementing military pay for employees called to temporary active duty from a total of 180 to 720 days.

__________________             _______________________________
Date:                                        Clerk of the Boards

ATTACHMENT C

AMENDMENT TO MEMORANDA OF UNDERSTANDING, ARTICLE 23, SECTION 5, AND SALARY RESOLUTION, ARTICLE 10, SECTION 45(e)

Military Leave. Any employee who has a minimum of one (1) year of service shall be allowed a military leave of absence with pay in accordance with the policy below and withthe applicable provisions of law, including, but not limited to, those contained in the MOU and the California Military and Veterans Code.

    Temporary Duty.

Leaves of 180 days or less. Any employee who is a member of the reserve corps of the Armed Forces, National Guard, or Naval Militia shall be entitled to temporary military leave of absence for the purpose of active duty for a period not to exceed 180 calendar days, including time involved in going to and returning from such duty, in accordance with federal and State law. Employees meeting the above one (1) year employment requirement shall be entitled to receive their regular salary or compensation for the first 30 calendar days of any such temporary leave, in addition to their military pay, as provided for in the Military and Veterans Code. Pay for such purpose shall not exceed 30 days in any one (1) fiscal year and shall be paid only for the employee's regularly scheduled workdays.

Employees eligible to receive the 30 calendar day military leave compensation as stipulated by law shall, in addition, receive the difference between their regular AQMD salary and their military salary starting on the 31st calendar day of military leave. This additional compensation shall continue for up to 150 690 calendar days of active military service beyond the 30 days provided for in this section. During this 150690-day period, AQMD will continue vacation, sick leave, holiday, salary step advance, and other benefits as if there were no interruption of AQMD service on the part of the employee. These provisions apply to employees who have been employed by AQMD for at least one (1) year immediately prior to the date such leave begins.

Employees meeting the above one (1) year employment requirement shall be entitled to receive their regular salary or compensation for the first 30 calendar days of any such temporary leave, in addition to their military pay, as provided for in the Military and Veterans Code. Pay for such purpose shall not exceed 30 days in any one (1) fiscal year and shall be paid only for the employee's regularly scheduled workdays.

Section (2). Leaves over 180 days. Any employee who is a member of the reserve corps of the Armed Forces, National Guard, or Naval Militia shall be entitled to a temporary military leave of absence of more than 180 days in accordance with federal and state law. Employees who are eligible to take a military leave of absence in excess of 180 days will receive the difference between their AQMD salary and their military pay for the 180 days of their leave only. During this 180-day period, AQMD will continue vacation, sick leave, holiday, salary step advance, and other benefits as if there were no interruption of AQMD service on the part of the employee. This provision applies only to employees who have been employed by AQMD for at least one (1) year immediately prior to the date such leave begins.

Pay under this subsection shall only be paid once, for a maximum of 180720 days for each leave, and shall only be paid for the employee's regularly scheduled work days.

This compensation provision applies only to active military duty and does not include an employee's attendance at weekend reserve meetings or drills. Employees must use their own time to attend such meetings. Should the meetings unavoidably conflict with an employee's regular working hours, the employee may use vacation or holiday leave, leave without pay, or other leave time, except for regular sick leave. Employees who are called in for a medical examination to determine physical fitness for military duty may also use vacation leave, leave without pay, or other leave time. The 30-day compensation provision also applies to an employee on military leave other than temporary military leave who is ordered into active military duty or is inducted, enlists, or is otherwise called into active military duty.

A copy of military orders must accompany the request for leave form. Employees should note that the Accidental Death and Dismemberment (AD&D) policy contains a war exclusion.

Employees who are eligible for military leave compensation will be placed on a leave of absence with right of return to their positions or comparable positions.

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