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9fcllÞ same or comparable job to that which the employee held prior to the leave. If there is no vãcancy in the employee's former position despite his/her ability to perform the essential functions of the job, the employee will be considered for placement in any other vacant position for which he/she is qualified. If a position is offered to the returning employee and the employee fails to accept the offer, he/she will be considered to have voluntarily waived "available for placement" status and to have resigned City employment. Section 4.35 - Military Leave: Any employee who is a meomber of a Reserve component of the armed forces or the Texas National Guard is entitled to a leave of absence upon presentation of official orders to attend authorized training or properly authorized military duty. Military leave of up to fifteen (1 5) calendar days per fiscal year will be with pay. To qualify for re-employment following ~ extended active military leave the employee must make application within ninety (gO) days of discharge or separation from the service and must have received an honorable discharge. The employee will be restored to his/her former employment with seniority, status, and pay rate as though he/she had been continuously employed. Although the employee does not accrue holiday, sick or vacation leave while on extended military leave, he/she does not lose , any leave accumulated before taking military leave. For purposes of establishing length of service, credit will be given for military service as provided by applicable State or Federal Law. Section 4.40 - Sick Leave Benefits: Sick leave is a benefit provided to regular City employees to be used when an employee is unable to work due to personal injury or illness of the employee or of a member of the employee's dependent family. {Dependent family member is defined as husband, wife, October 1992 Employee Handbook - City of San Marcos Page 4 - 8