REVISED MEMORANDUM
DATE: October 9, 2001
TO: All City Department Heads and Personnel Officers
FROM: Vivian Leonard, Director

Pursuant to Mayor Menino's Executive Order of September 18, 2001, I am forwarding a statement of general personnel policies applicable to activated military reservists and an active duty call-up form(PDF). A fact sheet of frequently asked questions has also been attached for personnel officers to assist impacted employees in thinking through the necessary provisions they should make prior to their leave of absence. Note: In order to view and print in PDF format, you must download and install the Adobe Acrobat Readerutility.

Notification of Military Call-Up

City employees called to active service must submit a copy of the military orders activating them to their appointing authorities. Upon receipt of the military orders, activated military reservists are placed on leave of absence. In accordance with the Mayor's Executive Order, employees who are activated shall receive base salary minus their compensation received from the military.

In those situations where an employee can not provide written notice, an authorized representative may do so and appointing authorities may accept notice from an authorized representative. However, it is the responsibility of the appointing authority to verify that the employee has actually been activated before leave is granted. Written verification will be required before any leave of absence is processed by the Office of Human Resources.

Appointing authorities may write directly to the military unit of activated military reservists, or to the Department of Defense, Washington, D.C. for the purpose of verifying status of reservists.

Creditable Service, Salary Adjustments, Step Rates, Longevity Payments

During the period of time an employee is on paid military leave of absence (which could be up to five (5) years), the employee will continue to receive any general salary increments, collective bargaining salary increases and step-rates. Also, where applicable the employee will continue to receive longevity payments.

Back Filling of Vacancies By Military Substitutes

The City is required to hold the position of activated military reservists, pending return, for at least four (4) years and if at the convenience of the Federal Government, the period of leave is extended to five (5) years, for the additional year, or a total of five (5) years.

During the absence of the activated military reservists, positions which have been temporarily vacated due to military call-up may be filed on a temporary basis. Our usual process, posting, etc. must be utilized to fill vacancies. Postings must indicate vacancies are being filled by military substitutes, and that employment is subject to the return of activated reservists.

Health Benefits and Insurance Coverage

Activated reservists will remain in the City's Health Benefit Program at the current group rate. In order to receive accurate information as to available options employees may contact the Health Benefits office at 617-635-4570.

Retirement Service Longevity

The period of time activated reservists serve on active duty, as a result of military call-up, is included in length of service required for retirement. Information required by individuals related to retirement benefits or rights under Chapter 32, Mass. General Laws, should be obtained from Edward O'Brien, Boston Retirement Board, room 816, Boston City Hall, 617-635-4305.

Seniority Rights, Chapter 31, M.G.L.; Collective Bargaining Agreements

The seniority rights of activated reservists are not affected by the military call-up either under Section 33, Chapter 31, Mass. General Laws, or the various collective bargaining agreements.

Sick Leave and Vacation Leave Accrual

As you know, sick leave accrual is governed by collective bargaining agreements and/or appropriate employment plans and is applicable only to employees in active service. Employees who are on leave of absence do not earn sick leave during this period.

Vacation leave is governed by collective bargaining agreements and/or employment policy plans. Employees do not earn vacation leave while they are on a leave absence; however, depending on the particular collective bargaining agreement or employment plan they are covered by, they may be entitled to vacation leave upon return from leave and after having worked the necessary time required by collective bargaining agreements. You are urged to review the relevant sections of collective bargaining agreements or employment plans.

Re-Employment of Returning Reservists

Generally, activated military reservists returning to employment from military service have ninety (90) days after the date of their discharge from active duty in which to apply for restoration to employment. However, employees are required to notify the department head in writing immediately upon being discharged from military service. Any questions regarding reinstatement of returning reservists may be referred to this office.

Additional Information

The information contained in this memorandum is subject to revision or extension in the event additional information or other requirements of law become available to us. For the time being it provides good information for you and your personnel officers and answers the most common questions. Should you require additional information or have further questions please contact Richard Driscoll or Thomas Francis at 617-635-3370.

Thank you in advance for your anticipated cooperation in this matter.