Policy Text
\n\n--- Page 1 ---\n\nFORT MYERS POLICE DEPARTMENT
GENERAL ORDER 2.5
TITLE: Military Leave
INDEXING: Military Leave, Reserves, National Guard, Activation, DD214
ISSUED: 09/01/95 REVISED: 12/10/2024 RESCINDS: 05/01/2019
C.A.L.E.A. STANDARDS: 22 PAGES: 5
CONTENTS
This general order contains the following numbered sections:
I. Military Activation IV. Equipment
II. Notification of Military Leave V. Reinstatement
III. Extended Periods of Leave VI. Training & Reintegration
PURPOSE
The purpose of this order is to establish guidelines for absences due to Military Leave.
SCOPE
These procedures shall apply to all Fort Myers Police Department personnel.
POLICY
It is the policy of the Fort Myers Police Department to grant military leave in accordance with any union
agreement and any applicable federal and state laws. This policy establishes guidelines for the granting
of paid and unpaid leaves of absence, for the notification of military leave, and for the reinstatement of
employees returning from military leave. The police department shall adhere to all the provisions contained
in the Uniformed Services Employment and Reemployment Rights Act, Chapter 43 of Title 38 U.S.C.
SECTION I: MILITARY ACTIVATION
A. F.S.S. 115.08(1): The term "active military service" as used in this general order shall signify
active duty in the Florida defense force or federal service in training or on active duty with any
branch of the Armed Forces or Reservists of the Armed Forces, the Florida National Guard, the
Coast Guard of the United States, and service of all officers of the United States Public Health
Service detailed by proper authority for duty with the Armed Forces, and shall include the period
during which a person in military service is absent from duty on account of sickness, wounds,
leave, or other lawful cause.
B. F.S.S. 115.08(2): The term "period of active military service" as used in this general order shall
begin with the date of entering upon active military service and shall terminate with death or a
date (30) days immediately succeeding the date of release or discharge from active military
service, or upon return from active military service, whichever shall occur first.
C. Employees may be called to military duty by the state and / or federal authorities. The duty may be
for active or inactive duty. The rights of employees called to duty will vary depending on who calls
them to duty and whether the duty is active or inactive.
G.O. 2.5 Military Leave 1 of 5 12/10/2024\n\n--- Page 2 ---\n\nD. Employers may not prohibit employees, including emergency responders, from attending any active
or inactive military training or duty ordered by the federal or state authorities.
E. F.S.S. 115.07(3): When an employee's assigned employment duty conflicts with ordered active
or inactive duty training, it shall be the responsibility of the employing agency of the state, county,
municipal, or political subdivision to provide a substitute employee, if necessary, for the
assumption of such employment duty while the employee is on assignment for such training.
F. Persons who are members of the National Guard may be called to duty by the governor of the state
or by the U.S. Government. When called by the governor, members act as the Florida National
Guard and are governed by paragraph “I” of this section. When called by the U.S. Government,
members act as the National Guard governed by paragraphs “H” and “I” of this section.
G. Voluntary Training: Military training that is voluntary shall not be considered time worked for the
purposes of compensation (PBA contract).
H. F.S.S. 115.07(1) – Reserve or Guard Training (Federal Activation): All officers or employees who
are commissioned reserve officers or reserve enlisted personnel in the United States military or
naval service or members of the National Guard are entitled to leaves of absence from their
respective duties, without loss of vacation leave, pay, time, or efficiency rating, on all days during
which they are engaged in training ordered under the provisions of the United States military or
naval training regulations for such personnel when assigned to active or inactive duty.
I. F.S.S. 115.07(2): Leaves of absence that are granted as a matter of legal right under the
provisions of F.S.S. 115.07 (training) may not exceed 240 working hours in any one annual period.
Administrative leaves of absence for additional or longer periods of time for assignment to duty
functions of a military character shall be without pay and shall be granted by the employing or
appointing authority of any state, county, municipal, or political subdivision employee and when
so granted shall be without loss of time or efficiency rating. For purposes of this general order
and Collective Bargaining Agreement (CBA) contract, an "annual period" is defined as a
calendar year.
J. Florida State or National Guard (State Activation): Any city employee who is a member of the
National Guard is entitled to leave without loss of vacation / personal leave, pay, time, or effect
on performance ratings for not more than (30) calendar days at any one time when such employee
is engaged in active state duty, ordered under or pursuant to the provisions of Florida State
Statute. See HR 5.03 for further information.
https://powerdms.com/link/FMPOLICE/document/?id=966301
K. Induction for Active Duty: Employees who are inducted into active military service are generally
entitled to be reinstated for a period of five years after they are inducted and during which they are
on active duty. This period of time may be extended at the federal government's request. The
provisions for reinstatement contained in Section 5 of this policy are applicable to reinstatements
made after induction for active duty.
L. Federal Activation of Forces: Reserve or guard forces activated by the U.S. Federal Government will
be treated in accordance with applicable federal legislation.
M. F.S.S. 115.12 – Rights During Leave: During such leave of absence such official shall be entitled
to preserve all seniority rights, efficiency ratings, promotional status and retirement privileges. The
period of active military service shall, for purposes of computation to determine whether such
person may be entitled to retirement under the laws of the state, be deemed continuous service
in the office of said official. While absent on such leave without pay, said official shall not be
required to make any contribution to any retirement fund.
G.O. 2.5 Military Leave 2 of 5 12/10/2024\n\n--- Page 3 ---\n\nSECTION II: NOTIFICATIONS FOR MILITARY LEAVE
Notifications for military leave shall be submitted no later than (72) hours after notification is received by the
employee and shall be accompanied by documents from the military unit commander as soon thereafter as
possible, but in no event later than (72) hours after receipt by the employee. Failure to provide this notice as
required herein, when caused by the negligence of the employee, shall be grounds for discipline. However, it
shall not affect the employee's obligation to respond for military duty.
All employees notifying the department of military leave shall forward a copy of the military orders to their
immediate supervisor. Any employee on such military leave shall be recorded on the pay sheet in the
appropriate space.
SECTION III: EXTENDED PERIODS OF LEAVE
Time in excess of the leave authorized for volunteer military service may be charged (at the employee's
option) to appropriate accrued leave (vacation / compensatory time) until such leave is exhausted or by
law, the employee will be granted "Leave of Absence Without Pay." Sworn employees shall submit all
requests for leave of absence in writing to the Chief of Police, via the chain of command, stating the reason
for the request and the estimated length of the proposed leave of absence. The Chief of Police or designee
shall notify the Human Resources Department of any sworn members who have been granted "Leave