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RES NO 06-04-2023 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.GJ -A-2023 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION ADOPTING THE REVISED EMPLOYEE PERSONNEL HANDBOOK GOVERNING CITY EMPLOYEES FOR THE CITY OF VAN BUREN, ARKANSAS, AND REPEALING SECTION 5.7 OF THE EXISTING EMPLOYEE PERSONNEL HANDBOOK; AND FOR OTHER PURPOSES. WHEREAS it is necessary to update and revise the existing Employee Personnel Handbook for the City of Van Buren to conform to changes in law and policy; and NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS, THAT: SECTION 1: The revised Employee Personnel Handbook for the City of Van Buren, Arkansas, section 5.7 UNIFORMED SERVICES, Exhibit A, attached hereto, is hereby adopted and the existing section of the Employee Personnel Handbook dated August 22,2022, is hereby repealed. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve, and adopt,by a vote of S for and 8 against,the foregoing Resolution at its regular meeting held on the 26th day of June 2023. C,\erk Tre019 City of Van Buren eph P Hurst ATTESTED: County,Ft�ac� APPROVED AS TO FORM: Shawnna Reynol Ja b How City Clerk/Treasurer City Attorney V- Exhibit A 5.7 UNIFORMED SERVICES Certain rights to re-employment after service in the uniformed services,as well as provisions relating to pension and health benefits are established in the Uniformed Services Employment and Re-employment Rights Act of 1994,38 USC 4301 et seq.,and in Ark.Code Ann. 21-4-102. It is the City's policy to honor and comply with the provisions of those statutes. The Uniformed Services Employment and Re-employment Rights Act(USERRA),prohibits discrimination against persons because of their service in the military. USERRA prohibits an employer from denying any benefit of employment based on an individual's membership,application for membership, performance of service application for service,or obligation for service in the uniformed services. USERRA also protects the right of veterans, reservists, National Guard members,and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training. A summary of rights afforded to the Uniformed Services Employment and Re-employment Rights Act (USERRA)is contained in a poster developed by the U.S. Department of Labor and re-printed in Appendix A of this Handbook. As an employer,the City shall provide to persons entitled to rights and benefits under USERRA a notice of the rights, benefits,and obligations of such persons and such employers under USERRA. In addition, under Ark. Code Ann. 21-4-1402,employees who are members of a military service organization or National Guard until shall be entitled to a military leave of 120 hours(15 days)with pay plus; necessary travel time. As mentioned below,the FLSA provides further rights to family members of military personnel. ACT 529 provides 168 hours per calendar year of leave time to a full-time police officer or firefighter who is a member of the military. This leave time is for annual training or other official duties, plus necessary travel time,and shall be in addition to regular vacation time. Unused leave may carry over to the succeeding calendar year,for a maximum of 336 hours available in any one calendar year. The police officer or firefighter requesting this military leave time is required to provide his/her employer a copy of the applicable military orders before the leave time is granted. Upon return from active duty,an employee is responsible for paying the employee contribution to the retirement plan in accordance with USERRA regulations. The city will make contributions to the employees' retirement plan once the employee has been re-employed,as required.