Page | 65 Less than 91 days of military service in a position that the employee would have attained if employment had not been interrupted bymilitary service; or if found not qualified for such position after reasonable efforts by the City, in the position in which the employee had been employed prior to military service. More than 90 days and less than five (5) years of military service in a position that the employee would have attained if employment had not been interrupted by military service or a position of like seniority, status and pay, the duties of which the employee is qualified to perform; or if proved not qualified after reasonable efforts by the City, in the position the employee left, or a position of like seniority, status and pay, the duties of which the employee is qualified to perform. Employee with a service-connected disability, if after reasonable accommodation efforts by the City, is not qualified for employment in the position he or she would have attained or in the position that he or she left, the employee will be employed in any other position of similar seniority, status and pay for which the employee is qualified or could become qualified with reasonable efforts by the City; or if no such position exists, in the nearest approximation consistent with the circumstances of the employee's situation. Application for Re-employment – Upon application for reemployment, the City requires the employee to provide military discharge documentation that establishes the timeliness of the application for reemployment and length and character of the employee's military service. In order to be entitled to the reemployment rights set forth above, the application for reemployment must be made according to the following schedule: If service is less than 31 days (or for the purpose of taking an examination to determine fitness for service), the employee must report for reemployment at the beginning of the first full regularly scheduled working period on the first calendar day following completion of service and the expiration of eight hours after a time for safe transportation back to the employee's residence. For service for 31 days or more but less than 180 days, the employee must submit an application for reemployment with Human Resources no later than 14 days following the completion of service. For service over 180 days, the employee must submit an application for reemployment with Human Resources no later than 90 days following the completion of service. If the employee is hospitalized or convalescing from a service-connected injury, the employee must submit an application for reemployment with Human Resources no later than two years following completion of service. Exceptions to Re-employment – In addition to the employee's failure to apply for reemployment in a timely manner, an employee is not entitled to reinstatement as described above if any of the following conditions exist: • The City’s circumstances have so changed as to make reemployment impossible or unreasonable; • The employee's employment prior to the military service was merely for a brief, non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period; or • The employee did not receive an honorable discharge from military service.
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