Miller v. Village of Lincoln Heights (197 Ohio App. 3d 285, 2011)

Dinkelacker, Presiding Judge.

{¶ 1} Defendant-appellant the Village of Lincoln Heights appeals from a judgment of the Hamilton County Court of Common Pleas awarding plaintiffappellee Scott A. Miller paid military leave under R.C. 5923.05(A). Because we find that Miller’s complaint was filed outside the applicable statute of limitations, we reverse the trial court’s judgment.

{¶ 2} The case was tried on joint stipulations of fact. The record shows that from November 1999 to January 2005, Miller was a permanent public employee of the Lincoln Heights Police Department. During that time, he was also a member of the Army National Guard.

{¶ 3} Miller “performed service in the uniformed services” from October 9, 2001, to September 11, 2002, and from February 7, 2003, to March 1, 2004. For each of these deployments, he was called or ordered to the uniformed services for longer than a month.

{¶ 4} During the deployments, Miller’s gross pay for “performing services in the uniformed services” exceeded the gross pay he would have earned working for Lincoln Heights during the same period. Lincoln Heights did