CERTIFICATED EMPLOYEE MILITARY SERVICE LEAVE

 

Certificated employees who are members of the National Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, Coast Guard Reserve and State Guard are entitled to a leave of absence, without loss of pay, on all days during which they are employed under the orders or authorization of competent authority in the active service of the State or United States. Such leave of absence will be without loss of pay for a period not to exceed fifteen (15) work days in any one calendar year. Such leave of absence will be in addition to any leave provided by the District through policy or negotiated agreement. Any such leave which extends beyond fifteen (15) work days in any one calendar year shall be without pay from the remaining contract payments.

 

If the Governor of the State of Nebraska declares a state of emergency any of the above certificated employees who are ordered to active service shall receive an additional leave of absence will be granted until such member is released from the active service by competent authority. During this additional leave of absence, the employee shall receive such portion of his or her salary or compensation as will equal the loss he or she may suffer while in the active service of the state. The loss he or she may suffer while in the active service of the state is defined as the differential between military salary and district salary.

 

Employees who are required to leave a position other than temporary for training with the armed forces of the United States or to undertake military duty in the active service of the state are entitled to a leave of absence for such period, not to exceed five years, plus any additional period as provided by law, without loss of status and without loss of pay during the first fifteen work days, which pay for the first fifteen work days is not in addition to that described above.

 

Upon an honorable discharge from active service, such employee shall be entitled to a return to a comparable position as provided by law as long as he or she:

1.      has given advance notice of the need for military leave (unless notice is precluded by military necessity or is otherwise unreasonable);

2.      has not been absent from his or her job for more than five years; and

3.      returns to work as outlined below.

 

The following periods and conditions of return to work apply to the employee who was absent:

1.      If absent less than 31 days, the employee must report back to work by the beginning of the next regularly scheduled work period after a reasonable amount of time to arrive home, rest and report to work;

2.      If absent more than 30 days but less than 181 days, the employee must submit an application for reemployment within 14 days after the completion of service;

3.      If absent more than 180 days, by submitting an application for reemployment within 90 days after the completion of service.

 

Such person shall not be discharged without justifiable cause within one year after reinstatement if the person’s period of military service before the reemployment was more than 180 days.  Such person shall not be discharged without justifiable cause within 180 days after the date of reemployment if the person’s period of military service before the reemployment was more than 30 days but less than 181 days.

 

An employee reemployed after military leave will be treated as not having incurred a break in service.  Absence for any of the reasons stated above shall not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages of the employee's employment normally to be anticipated in the employee's particular position.

 

Legal Reference:           Neb. Statute 55-160 to 166

                                                         79-838

                                    38 U.S.C. §§ 4312, 4313, 4316, 4317

                                    20 C.F.R. §§ 1002.259, 1002.261, 1002.262, 1002.267

 

Cross Reference:          410      Certificated Employee Vacations and Leaves of Absence

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Policy                                                                           COLUMBUS PUBLIC SCHOOLS

Adopted:     11/09/09                                                   Columbus, Nebraska

                                                                                    Reviewed:  11/9/09