Text Box: Oregon School Boards Association Selected Sample Policy                                                                                                                  Code:   GCBDE/GDBDE

                                                                                                             Adopted:  

 

 

 

                                                           Military Leave of Absence

 

 

The district will grant military leave to employees on duty[1] with a uniformed service[2] in accordance with applicable state and federal law.  Employees requesting military leave are required to provide written notice as soon as practicable following notification of military call up or reservist duty, unless precluded by military necessity.

 

Military leave exceeding 15 days is unpaid leave.  Employees may use any accrued vacation or similar leave during the period of service exceeding 15 days.

 

While on military leave, the employee will receive the same benefits as other employees on leave, as well as the following:

 

1.       The employee may continue enrollment in the district’s health insurance plan.  During the first 18 months of leave, the employee may be required to pay any employee contribution required of other employees on a leave of absence.  If the leave extends beyond 18 months, the employee will be required to pay not more than 102 percent of the full premium;

 

2.       Upon return from military service, the district will give retroactive employer contributions to the Public Employees Retirement System on the same basis as if the employee had not left, provided the employee was an enrolled member at the time of the leave.  The employee may repay any required employee contributions over a period of three times the military service leave period or five years, whichever is less.

 

An employee on duty with a uniformed service is entitled to reemployment for a maximum of five years, unless retained on active duty because of war or national emergency.  An individual returning from military leave shall notify the district of his/her intent to return as follows:

 

3.       If the period of service was less than 31 days, the employee must report to work not later than the beginning of the first regularly scheduled work period on the first full calendar day following the completion of the period of service, and the expiration of eight hours after a period allowing for the safe transportation of the person from the place of service to the person’s residence Employees who are veterans and reservists returning from training must only inform the district of their training obligations and report back at the next regularly scheduled working period.

4.       If the period of service was more than 30 days, but less than 181 days, by submitting an application for reemployment with the district not later than 14 days after the completion of the period of service; Employees returning from active duty must notify the district of their intention to return to their former jobs within 90 days of release from duty.

 

5.       If the period of service was more than 180 days, by submitting an application for reemployment with the district not later than 90 days after the completion of service.

 

An individual reemployed under this policy is entitled to the seniority and other currently existing rights and benefits the individual had when service started, plus the additional seniority and similar rights and benefits that would have been accrued if employment had been continuous.

 

This policy does not apply if the employee has been separated from service with a dishonorable or bad conduct discharge or under other than honorable conditions.

 

END OF POLICY

                                                                                                                                                                           

 

Legal Reference(s):

 


 

ORS 332.505

ORS 408.290



 


 

Consolidated Omnibus Budget Reconciliation Act of 1985, 42 U.S.C. §§ 300bb-1 - 300bb-8 (2006).

I.R.C. § 4980B(f)(4) (2006).

Employment and Reemployment Rights of Members of the Uniformed Services, 38 U.S.C. §§ 4301-4334 (2006).

8/24/06│JN



[1]“Duty” means the performance of duty on a voluntary or involuntary basis in a uniformed service and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty and absence to determine fitness for duty.

[2]“Uniformed service” means the Armed Forces, the National Guard, the commissioned corps of the Public Health Service and any other category of persons designated by the President in time of war or national emergency.