NEPN/NSBA Code:  GCCAD

MILITARY LEAVE 

The School Committee recognizes our nation’s need to maintain a system of uniformed military services. Therefore, the School Committee shall make provision for military leave requests by school unit employees in accordance with applicable laws and this policy. 

A.  Regular employees will be entitled to military leave for service with the uniformed services of the United States for a period not to exceed five years, except that such period may be extended beyond five years as provided by law. No employee granted such leave shall be subject to a loss of seniority due to such leave. 

B.  The employee must immediately notify their supervisor and the Superintendent in advance of the need for military leave unless the giving of such notice is precluded by military necessity or is otherwise impossible or unreasonable. The employee should submit a letter requesting leave to the Superintendent and the letter should include the dates when leave shall begin and end. 

C.  Military leave shall be without pay. For military service of less than 31 days, healthcare coverage shall be provided as if the employee had remained employed. Employees performing military duty of more than 30 days may elect to continue healthcare coverage at their own expense for up to 18 months. 

D.  If the period of service was less than 31 days, the employee must return to work at the beginning of the next regularly scheduled work period on the first full day after release from service, taking into account safe travel home plus an 8-hour rest period.  If the period of service was more than 30 days but less than 181 days, the employee must submit an application for reemployment within 14 days of release from service. 

If the period of service was more than 180 days, the employee must submit an application for reemployment within 90 days of release from service. These reporting and application deadlines may be extended for employees who are hospitalized or convalescing because of an injury or illness occurring or aggravated during the period of service, as provided by law. 

E.  If the period of service lasted 1 to 90 days, the employee has the right to be re-employed in the job the employee would have held had the employee remained continuously employed so long as the employee is qualified for the job, or can become qualified after reasonable efforts. 

If the period of service lasted 91 days or more, the employee has the right to be re-employed in the job the employee would have

held had the employee remained continuously employed, or a position of equivalent seniority, status, and pay, so long as the

employee is qualified for the job, or can become qualified after reasonable efforts. 

Re-employement of a person is excused if the School Department’s circumstances have changed so much that reemployment of the person would be impossible or unreasonable. An example would be a reduction in-force that would have included the individual. 

F.  As provided by federal law, a returning service member cannot be terminated without cause as follows: 

1.   If the period of service lasted 90 days or less—for six months following the return to work; or 

2.  If the period of service lasted more than 90 days – for a full year following the return to work. 

G.  Employees eligible for vacation or sick time shall not accrue vacation or sick time while on military leave. 

H.   Any person employed to take the place of a person on such leave shall be informed in their employment agreement of the temporary nature of the position and the rights of the employee on military leave upon their return. 

I.  In the event of conflict between any provision of this policy and an applicable collective bargaining 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 federal or state statute shall apply. 

Legal Reference: 38 USC § 2021-2024(Veteran’s Re-employment Act) 

Adopted: June 7, 2000 

Reviewed: August 20, 2012 

Revised: September 11, 2017 

Reviewed: April 3, 2023