CCR2018063-Military Leave
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #063-2018
DETERMINATION OF COMPENSATION
FOR PERSONNEL CALLED TO ACTIVE MILITARY DUTY
WHEREAS, Two regular full-time employees, Patrol Officer Gregory Slamka and Patrol
Officer Daniel Gaenslen, of the City were called to active military duty of The National
Guard; and
WHEREAS, The Finance Committee has reviewed the individual issues of total base
wage compensation for both employees as affected by their military service and has
recommended that the City, on a non-precedent setting basis, make up the differential
between the employee’s regular base pay for the regularly scheduled hours of work
time missed due to the employee’s most-recent military leave and the employee’s total
military compensation during that leave for that period of time beginning on the
commencement of the employee’s leave and ending on the date the employee’s military
leave ends as defined in the orders issued to the employee, but in no case for a
duration exceeding four months from the commencement of the leave (the “Military
Leave Wage Difference Payment”); and
WHEREAS, the employee shall only be eligible for the Military Leave Wage Difference
Payment, which shall only be considered earned and payable to the employee in the
lump sum amount, if the employee meets the following requirements. The employee
must return to work with the City within the time periods required by applicable state and
federal law following the end of this military leave, the employee must be eligible for
reinstatement, and the employee must continue working for the City for at least thirty
calendar days following the employee’s return from the leave. The employee may also
be eligible if the employee is declared by a medical treatment provider as medically unfit
to return to duty for the City; and
WHEREAS, the Military Leave Wage Difference Payment is paid on the second payroll
period after the employee returns to duty for thirty full calendar days or upon
confirmation that the employee is medically unfit to return to duty, and it is understood
such payment is not treated as and is not payment for hours worked and such Military
Leave Wage Difference Payment shall have no effect on any other benefits available to
employee unless mandated by applicable law; and
WHEREAS, the employees shall continue to receive other eligible employment benefits
required by applicable law; and
WHEREAS, the Military Leave Wage Difference Payment or this resolution are not
otherwise declared unlawful; and
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby authorize
the Military Leave Wage Difference Payment for a period of time identified herein and
for these particular individual cases subject to this action not being declared unlawful.
BE IT FURTHER RESOLVED that staff will prepare a draft policy for review and
adoption by the Common Council and each future case will be reviewed by the City on
an individual basis.
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DATED THIS 26 DAY OF June , 2018.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #063-2018 which
was adopted by the Common Council of the City of Muskego.
___________________________
Clerk-Treasurer
06/18sem