CC PACKET 09131994 - Laserfiche WebLink

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R"ems DD 7 L�J 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 July 26, 1994 Mr. Mike Mornson City Manager 3301 Silver Lake Road St. Anthony, MN 55418 Dear Mike: You asked whether the city may pay city employees who take military leave only the difference between their military pay and city pay. The answer is no. The city must pay the employee the normal city wages and benefits they would be entitled to similar to how the city • handles vacation time. For example, if you had three or four weeks of vacation coming and decided to take a temporary job with another employer, the city would not reasonably seek to offset your "vacation" wages by the amount you earn in your temporary position. The city (and every other public employer) which is covered under M.S. 192.26 must grant the military leave "without loss of pay . . . or other benefits." The Attorney General has issued opinions on this matter on several occasions and the Minnesota Court of Appeals has only very recently given a very broad interpretation to the law in Howe v. City of St. Cloud. I have included a copy of this opinion to illustrate just how liberally the statute is construed. The case also is important in that it clearly hold that policies, and/or collective bargaining agreements, that in any way reduces the normal city pay for employees on military leave are invalid because it conflicts with the leave statute. We filed an amicus brief in this case, and if you would find it useful I can send you additional information. I should also.mention that, in my opinion, many public employers have not been complying with the law and that the risk of a lawsuit depends on the relationship between the public employer and its employees. However, if a lawsuit is filed, the noncomplying public employer will lose, and could be subject to more than just an award for back pay as ordered by the court in Howe. • AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)490-5600 1-800-925-1122 plus your city code TDD(612)490-9038 Fax(612)490-0072