The Honolulu Police Department (HPD) protects the
job rights of employees who are members of the
Reserves or National Guard when absent on military
leave in accordance with applicable federal, state, and local laws.
DEFINITIONS
A. Active duty: Full time military service
in the Reserves or National Guard, to include
state active duty service (Title 32, U.S.C.)
and federal active duty service (Title 10, U.S.C.).
B. Deployment: A mission oriented movement
or placement of military personnel into a strategic
or tactical location for military action, presence,
posture, or other military service (e.g., combat
operations, support operations, disaster relief
operations, humanitarian support operations, etc.).
C. Employee: Employees of the HPD who are
enlisted in a reserve component or the National Guard.
D. National Guard: A component of the Army and
Air Force comprised predominantly of part time service
members performing military duty under both state (Title
32, U.S.C.) and federal (Title 10, U.S.C.) jurisdiction.
E. Reserve components: The reserve components
of the Air Force, Marine Corp, Navy, Army, and Coast Guard.
It does not include the Army and Air National Guard.
F. Reservist: Employees of the reserve components.
It does not include members of the Army and Air National Guard.
G. Military leave: The type of leave application
that an employee shall submit when ordered to report
for active duty service. For purposes of the policy,
military leave and active duty may be used interchangeably.
UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)
Employees of the HPD shall act in accordance with the
USERRA as well as all applicable federal, state, and
local laws governing employees in the Reserves or National Guard.
RESPONSIBILITIES
A. Out Processing
1. Human Resources Division (HRD)
The HRD shall be the department’s point of contact
for all employees in the Reserves and National Guard.
The HRD shall facilitate an employee’s processing
(in/out) with the assistance of the Human Services
Unit (HSU), the respective division/element commanders,
and other divisions, elements, or units that the HRD
deems appropriate.
a. For employees who will be on active duty for
more than 30 calendar days, the HRD shall:
(1) Process the employee’s leave e form for military
leave, paid or unpaid; and
(2) Conduct an exit interview in which the HRD will explain
departmental, city, and state benefits that may be affected
and answer any department- related questions the employee may have.
b. For employees who will be on active duty for periods
of less than 30 calendar days, the HRD shall process the
employee’s leave e form for military leave, paid or unpaid.
c. The HRD shall monitor the status of employees on
military leave to ensure that the employees’ leave status
adheres to dates specified in the military order.
d. The HRD shall verify the completion of service
date and ensure that employees adhere to return or reemployment dates.
2. Division/Element Commanders
The division/element commanders shall:
a. Be responsible for ensuring that employees
submit their military orders and appropriate leave
e-forms prior to departing for their military leave
or within five working days upon return;
b. Upon receipt, forward military orders to the
commander of the HRD;
c. Establish a liaison that will facilitate
communication and information between employees
on military leave and the HRD;
d. Make arrangements to retrieve and store
department-issued equipment as determined by
the Chief of Police; and
e. Serve to sworn employees a Notice of Restriction
of Police Authority when deemed necessary by the Chief of Police.
B. In Processing
1. HRD
The HRD shall:
a. Ensure that the required military documents
releasing the employee from active duty are submitted
before placing the employee back on active status with the department;
b. Be guided by the dates on the military orders
for leave and reinstatement purposes;
c. Schedule a return to work meeting with the
Chief of Police or designee; and
d. Create a notification to return the employee to full-duty status.
2. Division/Element Commanders
Upon an employee’s return to the HPD, the commander
shall coordinate with the Training Division any
required training, as specified in Policy 3.47,
TRAINING REQUIREMENTS FOR RETURNING OFFICERS.
3. Training Division
The Training Division commander shall determine
the type and length of training for an employee
returning from active duty service based on
Policy 3.47, TRAINING REQUIREMENTS FOR RETURNING OFFICERS.
4. HSU
The HSU shall:
a. Maintain a program to support and assist
employees activated for military service and their families; and
b. Develop and maintain a structured,
reintegration program to assist employees
upon their discharge from active duty service
and provide a referral service to address the employees’ needs.
APPLYING FOR MILITARY LEAVE
Employees shall submit their request for military
leave prior to their departure for military service.
In the event an employee is called to service without
a copy of his or her military orders, the employee
shall make verbal notification to his or her command
and shall submit a hard copy of the orders as soon as practicable.
A. Employees shall submit the Application for
Leave of Absence e form and attach a copy of the
military orders showing the applicable dates.
B. All employees are eligible for vacation or
compensatory time while serving on active duty to
the extent that vacation or compensatory time has
accrued. Vacation or compensatory time need not
be exhausted before being placed on leave without
pay when leave without pay results from serving on active duty.
C. An eligible employee shall be entitled to
military leave with pay for a period not to exceed
15 working days in a calendar year.
D. An eligible employee may use up to 15
days of military leave with pay from the succeeding
year if he or she is called to active duty by
official military orders a second time within a
calendar year and has exhausted his or her 15 days
from the current year. Advancement of military
leave for two consecutive years is not allowed.
E. An employee shall notify his or her commander
and the HRD when there is an extension or change to
the original orders. Any changes to orders shall be
submitted to the employee’s commander and the HRD
within three working days of returning to duty with the HPD.
F. Element commanders shall submit all completed
e-forms for military leave to the HRD for processing.
1. When a commander is notified of any change
to an employee’s military orders, the commander shall
immediately notify the HRD in writing to ensure that
appropriate changes to the employee’s personnel record can be made.
2. Any changes made to the original e form must
be amended within three working days of returning to work with the HPD.
EQUIPMENT
Employees who will be on military leave for a
period exceeding 180 calendar days shall turn
in their issued police equipment to their command,
unless otherwise authorized by the Chief of Police.
The issued equipment to be turned in includes (but is not limited to):
A. Identification and access cards;
B. Keys;
C. Police badge and cap shield;
D. Firearms and electric gun;
E. Ammunition and magazines;
F. Chemical agent;
G. Handcuffs;
H. Mobile data computer (refer to Policy 4.16, MOBILE DATA COMPUTERS);
I. Automated external defibrillator;
J. Blue lights;
K. Portable radio (and radio pack if motorized)
and accessories (includes carrying case, speaker
microphone, charger, and batteries); and
L. Cellular telephone.
TRAINING
Employees returning from military leave shall
be guided by Policy 3.47, TRAINING REQUIREMENTS
FOR RETURNING OFFICERS, to determine the type
of training and certifications required.
ROTATION
For rotational purposes, employees who are assigned
to a nonpatrol division/element (e.g., Traffic Division,
Narcotics/Vice Division, etc.) shall continue to have
their time in the division/element accrue when they are on military leave.
PROMOTIONS
Employees who are eligible for promotion shall be
afforded an opportunity to participate in a
promotional process if they were on military leave.
A. An employee who is on military leave during
a promotional process shall notify the HRD immediately
upon his or her return to duty with the HPD and provide
documentation showing that he or she was on military
leave during the time of the actual promotional process.
B. Upon receiving notification that an employee
would like to participate in a missed promotional
process, the HRD shall verify the following:
1. The employee provided proper documentation
showing the dates of military leave; and
2. The employee met the minimum qualifications
for promotion during the actual recruitment period.
C. Upon verifying that the employee meets the
requirements stated above, the HRD shall:
1. Notify the Department of Human Resources
for promotions to the ranks of corporal to lieutenant
and coordinate the written examination for the employee.
If the employee obtains a qualifying score for a
promotional interview, the HRD shall arrange a promotional interview; and
2. Coordinate the written assessment (for the
rank of captain) and interviews for promotions to
the ranks of captain and above.
HPD ACTIVITIES, SPECIAL DUTY, AND COURT ATTENDANCE
A. Employees on active duty will not be
allowed to work their regular HPD assignment
or perform any overtime or standby work.
B. Employees on active duty shall not work
any special duty assignment, paid or voluntary.
C. HPD officers on active duty shall not
appear in HPD uniform for HPD-related court
cases or collect overtime. However, applicable
witness and mileage fees will apply.
PROTECTION FROM DISCRIMINATION
A. A person who is a member of, applies to
be a member of, performs, has performed, applies
to perform, or has an obligation to perform service
in the uniformed services shall not be denied initial
employment, reemployment, retention in employment,
promotion, or any benefit of employment by the department
on the basis of that membership, application for
membership, performance of service, or obligation.
B. The department may not discriminate in
employment against or take an adverse employment
action against an employee because the employee
has taken an action to enforce a protection afforded
the employee under the provisions of the USERRA,
has testified or otherwise made a statement in or
in connection with any proceeding under the USERRA,
has assisted or otherwise participated in an
investigation under the USERRA, or has exercised a
right provided for by the USERRA.