PROFESSIONAL/SUPPORT STAFF MILITARY LEAVE

(Military Reserve Unit Active Duty Leave)

The School Committee supports our nation's need for a system of Military Reserve Units. In support of this concept, the School Committee makes provision for Military Leave Requests by district employees assigned to a Military Reserve Unit according to existing law and the following guidelines.

A.   Regular employees will be entitled to a Military Reserve Unit Active Duty Leave for service with the armed services of the United States, for a period not to exceed four years, unless extended up to one additional year by the federal government. No employee granted such leave shall be subject to a loss of seniority due to such leave.

B.    The employee must immediately notify his/her supervisor and the superintendent in writing upon receipt of an active duty assignment. A letter requesting a Military Reserve Unit Active Duty Leave, and the dates thereof, also must be submitted to the superintendent at this time.

C.    Pay (optional approaches):

1.  Such leave shall be without pay or benefits;

2.  Insurance (and other) benefits will be continued during such leave;

3.  Salary shall be continued during such leave ;

4.  Salary will be continued for the first 30 (or       days of such leave;

5.  The difference between the employee's regular salary and that which the military pays shall be paid to the employee during the leave (or for the first _ days of such leave); and/or

6.  Pay and benefits will be provided during such leave as specified in the bargained agreement.

D.   The employee must apply to the School Committee for reinstatement within 31 days of completion of active service if activated for fewer than 90 days, or within 90 days if activated for a longer period of time. Any provision for continued pay/benefits in Section C above shall apply only to the time of actual military service.

E.    The employee has the right to be returned to a position at least at the same level (not necessarily the same assignment) and to the same seniority and pay he/she would have enjoyed had there been no such leave of absence.

F.   As provided in law, a returning reservist cannot be terminated without cause as follows:

1.  If call-up lasts 90 days or less--for six months following the return to work; or

2.  If call-up lasts more than 90 days--for a full year following the return to work.

G.    Employees eligible for vacation shall not accrue vacation time while on such leave.

H.    Any person employed to take the place of a person on such leave shall be fully informed in his/her employment agreement of the temporary nature of the position and the rights that pertain to the person on his/her return.

I.     In the event of conflict between any provision of this policy and the bargained employee agreement , the latter shall apply.

J.    In the event of conflict between a provision of this policy and any federal or state statute relating to military service by public employees, the provisions of such pertinent federal or state statute then applicable will apply and be paramount to the specific contradicted policy provision herein.

Legal Reference:         38 U.S.C. SEC. 2021-2024, VETERAN'S REEMPLOYMENT ACT (FEDERAL) 

Adopted:          AUGUST 17, 1994