Where a firefighter employed by the city of Melrose requested a declaratory judgment pursuant to G.L.c. 33, §59(a), that request should have been granted because the firefighter is entitled to pay for up to 40 24-hour shifts missed during his military service in each federal fiscal year, and not (as the city claims) up to 20 such shifts in a consecutive period of 40 days.
Reversed.
“The plaintiff, Robert Driscoll (firefighter), appeals from the entry of summary judgment in favor of the defendant, the city of Melrose (city). General Laws c. 33, §59(a), requires participating government entities to pay the full salary of an employee performing certain military service for ‘40 days in any federal fiscal year,’ and states that a day ‘shall mean any 24-hour period regardless of calendar day.’ Applying the plain meaning of these words, we conclude that the firefighter is entitled to pay for up to forty twenty-four hour shifts missed during his military service in each Federal fiscal year, and not (as the city claims) up to twenty such shifts in a consecutive period of forty days. Accordingly, we reverse. …
“… A Superior Court judge entered judgment for the city, finding that the ‘Plaintiff is entitled to be compensated only for the time he would have worked during a consecutive 40 day period.’ …
“The parties bring two disputes about the interpretation of this subsection. The city argues that the full salary provided by §59(a) applies only for service within the first forty...
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